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Calvince Omondi Owino v Essential Management Consultancy Services Limited [2021] KEELRC 847 (KLR)

[2021] KEELRC 847 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
847
Citation
[2021] KEELRC 847 (KLR)
Decided
30 September 2021
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeEmployment DisputePostureClaim filed, Respondent did not appear, Court directed claimant to file affidavitCoramOCHARO KEBIRA
The termination was procedurally and substantively unfair.

Facts

Claimant was employed as a machine operator by Respondent from April 2015 to February 2016. He was terminated on February 17, 2016 without notice.

Issues

  • Was the termination of employment fair?
  • Was the claimant underpaid during his employment?

Reasoning

The court found that the mandatory procedure provided for in the Employment Act was not engaged, and the employer did not prove the reason for termination.

Outcome

Claimant awarded one month's salary in lieu of notice and underpayment.

Orders

  • Claimant awarded Kshs. 10,954.70 in lieu of notice.
  • Claimant awarded underpayment based on the period of employment from April 2015 to February 2016.

Remedies

  • One month's salary in lieu of notice.
  • Underpayment based on the period of employment.

Authorities cited

Legislation (3)
  • Employment Act, 2007
  • Constitution of Kenya 2010
  • Fair Administrative Actions Act
Cases cited (1)
  • Lydia Maraa Obara =vs= Tusker Mattresses Limited [2021] eKLR
⚠ 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.
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