Henry Oluoch Onyango v Anvi Emporium Limited [2021] KEELRC 2052 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2052
- Citation
- [2021] KEELRC 2052 (KLR)
Summary at a glance
The Court finds the employment was unfairly terminated and awards compensation and salary in lieu of notice.
Facts
The Claimant, Henry Oluoch Onyango, was employed by Anvi Emporium Limited as a machine operator. He alleged constructive dismissal and breach of contract, while the Respondent claimed the Claimant deserted duty. The parties disagreed on the nature of the Claimant's employment and the circumstances leading to his termination.
Issues
- Underpayment of wages
- Nature of contract
- Unfair termination of employment
Reasoning
The Court found the Claimant's testimony plausible regarding the trade union dispute and the Respondent's testimony regarding the Claimant's absence without permission. The Court awarded compensation and salary in lieu of notice based on the length of service.
Outcome
The Claimant is awarded compensation and salary in lieu of notice totaling Kshs 36,960.
Orders
- Compensation Kshs 30,800
- Salary in lieu of notice Kshs 6,160
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