Joseph Gachoka v Kisiwa Guest House Lodge Limited [2020] KEELRC 1812 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1812
- Citation
- [2020] KEELRC 1812 (KLR)
- Decided
- 31 January 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal GrantedCoramJames Rika
Holding
The Court found the termination to be unfair and ordered the Respondent to pay the Claimant compensation for unfair termination, annual leave pay, service pay, and issue a certificate of service.
Facts
The Claimant, Joseph Gachoka, was employed as a Chef by the Respondent, Kisiwa Guest House Lodge Limited, from December 2012 to August 2016. His monthly salary was Kshs. 15,000. The Respondent terminated his employment without valid reasons.
Issues
- Unfair termination
- Compensation for unfair termination
- Annual leave pay
- Service pay
- Overtime pay
- Public holidays pay
Reasoning
The Court ruled that the termination was unfair as there were no valid reasons provided, and the Claimant was not given a fair opportunity to state his case.
Outcome
Appeal Granted
Orders
- Compensation for unfair termination of Kshs. 180,000
- Notice of Kshs. 15,000
- Annual leave pay of Kshs. 48,462
- Service pay of Kshs. 3,750
- Certificate of Service to issue
- Costs to the Claimant
- Interest at 16% per annum from the date of judgment till payment is made in full
Remedies
- Compensation for unfair termination
- Annual leave pay
- Service pay
- Certificate of Service
- Costs to the Claimant
- Interest
Authorities cited
Legislation (1)
- Section 35 of the Employment and Labour Relations Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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