Emily Simani v Ashtosh Mishra & 2 others [2020] KEELRC 633 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 633
- Citation
- [2020] KEELRC 633 (KLR)
- Decided
- 23 July 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant's AppealCoramPresiding Judge
Holding
The Court found that the claimant was employed by the 1st Respondent from September 2007 to November 2010 and that her termination was procedurally and substantively unfair.
Facts
Emily Simani claimed she was employed by Ashtosh Mishra from September 2007 to November 2010 as a house servant. She was dismissed without notice and sought various compensations.
Issues
- Who was the claimant's employer from September 2007 to November 2010?
- Was the claimant's employment unfairly terminated?
- Was the claimant entitled to the reliefs sought?
Reasoning
The claimant proved on a balance of probability that her employer was the 1st Respondent. The 1st Respondent did not provide evidence to support their claim of the claimant's employment with other parties.
Outcome
The claimant's termination was found to be unfair.
Orders
- A declaration that the claimant's termination was procedurally and substantively unfair.
- Compensation for terminal benefits, including salary in lieu of notice, salary balance, leave balance, public holidays, service gratuity, salary underpayments, and loss of salary compensation.
- Compensation for wrongful termination equivalent to 12 months gross salary.
- Compensation for interest on the above at court rates.
- Compensation for costs of the claim.
- A certificate of service.
- An order to compensate the claimant for wrongful termination at the equivalent of 12 months gross salary.
Remedies
- Compensation for terminal benefits.
- Compensation for wrongful termination.
- Compensation for costs of the claim.
- A certificate of service.
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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