Joshua Toroni Ntabo v Hipora Business Solutions (Ea) Limited (Cause 28 of 2019) [2020] KEELRC 1062 (KLR) (11 May 2020) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1062
- Citation
- [2020] KEELRC 1062 (KLR)
- Decided
- 11 May 2020
Summary at a glance
Facts
The claimant was employed by the respondent as a loss control officer and was deducted Ksh.3,000 for uniforms and Ksh.1,500 for lunch fees. The respondent terminated the claimant's employment without notice, and the claimant sought compensation for unfair termination, notice pay, public holidays pay, severance pay, uniform deductions, lunch deductions, and refund of polo t-shirt deduction.
Issues
- Whether the employment relationship was regulated by a written contract of service
- Whether the respondent complied with the Employment Act, 2007 in terminating the claimant's employment
- Whether the claimant was entitled to the requested remedies
Reasoning
The court found that the employment relationship was regulated by a written contract of service and that the respondent complied with the Employment Act, 2007 in terminating the claimant's employment. The claimant was not entitled to the requested remedies.
Outcome
The claimant's claims for compensation for unfair termination, notice pay, public holidays pay, and severance pay are dismissed.
Orders
- The claimant is ordered to return the issued uniforms to receive a refund of the deductions.
- The claimant is ordered to pay the statutory deductions from the terminal dues.
Authorities cited
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