John Nyangena v Okoth Jamali t/a Alfa Bridge Security Services [2020] KEELRC 800 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 800
- Citation
- [2020] KEELRC 800 (KLR)
Summary at a glance
TypeEmployment DisputePostureAppeal from an original trial decisionCoramONESMUS MAKAU
The claimant was employed by the respondent as a night watchman for a salary of Kshs.7,000 per month. The termination was found to be unfair and unlawful.
Facts
The claimant, John Nyangena, alleged that he was unlawfully terminated by the respondent, Okoth Jamali, without prior notice or payment of salary in lieu of notice. The respondent denied any employment relationship and claimed the claimant was a security guard hired by the Alfa Bridge Estate Welfare Association.
Issues
- Whether the claimant was employed by the respondent.
- Whether the termination of claimant’s employment contract was lawful.
- Whether the reliefs sought should be granted.
Reasoning
The claimant was not dismissed for misconduct and the termination was found to be unfair due to the claimant's request for annual leave.
Outcome
Judgment for the claimant in the sum of Kshs.52,500 plus costs and interest from the date hereof till payment in full.
Orders
- Award of Kshs.7,000 in lieu of notice.
- Award of Kshs.42,000 for unlawful and unfair termination.
- Award of Kshs.3,500 in service pay.
- Dismissal of claim for leave.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…