Samoei v Klique Hotel Ltd (Cause 225 of 2018) [2022] KEELRC 1356 (KLR) (9 May 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1356
- Citation
- [2022] KEELRC 1356 (KLR)
- Decided
- 9 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant v. RespondentCoramNJ ABUODHA
Holding
The Court awards the claimant overtime dues, public holidays worked, and costs of the suit. The claimant is also awarded a certificate of service.
Facts
Claimant Joseph Kibet Samoei alleged he was employed by Respondent Klique Hotel Ltd as Head of Security from October 1, 2002. He resigned on April 1, 2016, but the Respondent did not pay his terminal dues. Claimant claimed service pay, overtime, public holidays worked, and house allowance.
Issues
- Whether the Respondent terminated the claimant's service
- Whether the claimant voluntarily resigned
- Whether the claimant was entitled to service pay, overtime, public holidays worked, and house allowance
Reasoning
The Court found that the claimant was not paid his terminal dues despite issuing a three-month resignation notice. The Court awarded overtime and public holidays worked as the employer failed to produce employment records.
Outcome
Claimant wins
Orders
- Award of overtime and public holidays worked
- Award of costs of the suit
- Award of a certificate of service
Remedies
- Overtime and public holidays worked
- Costs of the suit
- Certificate of service
Authorities cited
Legislation (1)
- Employment Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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