Were v DHL Exel Supply Chain (K) Ltd (Cause 1759 of 2017) [2022] KEELRC 1278 (KLR) (8 July 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1278
- Citation
- [2022] KEELRC 1278 (KLR)
- Decided
- 8 July 2022
The claimant was entitled to the safeguards available to an employee on a regular term employment and was entitled to notice pay, one month's salary in lieu of notice, and other monetary awards.
Facts
The claimant, John Owino Were, was employed as a general labourer by the respondent, DHL Exel Supply Chain (K) Ltd, from September 10, 2011. He claims he was terminated without notice or just cause, seeking notice pay, unpaid overtime, payment of untaken leave days, and compensatory damages.
Issues
- On what terms was the claimant engaged?
- Whether the claimant's termination was fair and lawful?
- Whether the claimant is entitled to the reliefs sought?
Reasoning
The court found the employment relationship was not casual, and the claimant was entitled to reasons for termination. The respondent failed to prove the claimant absconded from work, and thus the termination was unfair.
Outcome
The claimant was awarded notice pay, one month's salary in lieu of notice, and other monetary awards.
Orders
- One month's salary in lieu of notice, Kshs 17,406.00
- Total award of Kshs 121,842.00
- Interest on the amount in (c) at Court rates from the date of Judgment until payment in full
- The respondent shall also bear the costs of this claim.
Authorities cited
Legislation (2)
- Employment Act, 2007
- Civil Procedure Act (Chapter 21 of the Laws of Kenya)
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