Otachi v Board of Trustees, Nairobi Pentecostal Church Woodley Campus & 2 others (Cause 897 of 2017) [2022] KEELRC 1644 (KLR) (27 May 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1644
- Citation
- [2022] KEELRC 1644 (KLR)
- Decided
- 27 May 2022
Summary at a glance
TypeEmployment DisputePostureClaimant's AppealCoramJAMES RIKA
Termination was declared unfair, and the Respondent is ordered to pay service pay, notice pay, and compensation for unfair termination.
Facts
Claimant was employed as a Messenger by the 1st Respondent from January 2002. His salary was initially Kshs. 3,000 and later improved to Kshs. 6,000. The 1st Respondent is now registered as Christ is the Answer Ministries, incorporating the 2nd and 3rd Respondents. The Claimant was never registered with the N.S.S.F and N.H.I.F, and contributions were not remitted on his account. He was dismissed without notice or cause on 30th January 2015.
Issues
- Unfair termination
- Service pay
- Annual leave
- House allowance
- Underpayment of salary
Reasoning
The Court found that the termination was unfair due to the lack of notice and cause, and awarded service pay, notice pay, and compensation for unfair termination.
Outcome
Claimant's appeal upheld, Respondent ordered to pay service pay, notice pay, and compensation for unfair termination.
Orders
- Service pay at Kshs. 39,000
- Notice pay at Kshs. 6,000
- Compensation for unfair termination at Kshs. 72,000
- Costs to the Claimant
- Interest allowed at court rates from the date of Judgment till payment is made in full
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