Calvince Omondi Owino v Essential Management Consultancy Services Limited [2021] KEELRC 847 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 847
- Citation
- [2021] KEELRC 847 (KLR)
- Decided
- 30 September 2021
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
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