Meshack Mokua Samson v Asille Trading (E.A.) Limited [2021] KEELRC 907 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 907
- Citation
- [2021] KEELRC 907 (KLR)
- Decided
- 3 September 2021
The Court finds that the termination of the Claimant's employment was unfair, unlawful, and unprocedural.
Facts
The Claimant, Meshack Mokua Samson, was employed by the Respondent, Asille Trading (E.A.) Limited, as a casual employee on April 1, 2012, with a monthly salary of Kshs.13,200. The employment was later converted into a contract of six months and then into a month-to-month employee. The Claimant alleged unfair termination of his employment.
Issues
- Unfair termination of employment
- Compensation for unlawful termination
Reasoning
The Court found that the Respondent failed to provide a written contract, failed to give a copy of the contract, and did not issue a certificate of service.
Outcome
The Claimant was awarded compensation including one month's salary in lieu of notice, service pay, unpaid house allowance, and compensation for unlawful termination.
Orders
- A declaration that the termination of the Claimant's employment was unfair, unprocedural, and unlawful.
- One month's salary in lieu of notice - Kshs.13,383.60.
- Service pay - Kshs.25,651.90.
- Pay for leave days not taken - Kshs.35,913.
- Unpaid house allowance - Kshs.92,346.15.
- Compensation for unlawful termination - Kshs.53,534.00.
- Total - Kshs.220,829/.
- The Respondent is ordered to issue the Claimant with a certificate of service in accordance with Section 51 of the Act.
- Costs of the cause to be agreed or taxed.
Authorities cited
Legislation (1)
- Employment and Labour Relations Act
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