John Malonza Nzeva v Directors of Imani Hotel [2021] KEELRC 1786 (KLR)

Summary at a glance

Facts

The Claimant, John Malonza Nzeva, was employed as a cook by the Respondent, Imani Hotel, from June 1, 2006. He was terminated on February 22, 2016, and claimed compensation for unfair and unlawful termination.

Issues

• Whether there existed an employer-employee relationship between the Claimant and the Respondent.
• Whether the termination of the Claimant's employment was wrongful, unfair, and unlawful.
• Whether the Claimant is entitled to the reliefs sought.

Reasoning

The Court considered the pleadings, evidence, and submissions. The Respondent's counsel admitted that the Claimant was employed as a cook for the period outlined in the letter of demand.

Outcome

The Claimant is awarded compensation for 22 days worked in February 2016, one month salary in lieu of notice, and compensation for unlawful termination. The Claimant is also awarded costs and interest at Court rates.

Orders

• Payment of 22 days worked in February 2016 Kshs.8,462.00
• One month salary in lieu of notice Kshs.10,000.00
• Compensation for unlawful termination Kshs.120,000.00
• Total Kshs.138,462.00
• The Claimant is awarded costs and interest at Court rates from the date of Judgment until settlement in full
• The Respondent to issue to the Claimant a Certificate of Service