Webuye v Ahinda t/a Network Multi-Enterprise (Cause 203 of 2016) [2022] KEELRC 1736 (KLR) (11 May 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1736
- Citation
- [2022] KEELRC 1736 (KLR)
- Decided
- 11 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair Termination of EmploymentPostureAppeal from original trialCoramRADIDO
Holding
The court finds that the respondent unfairly terminated the claimant's employment and breached the contract. The claimant is awarded compensation, pay in lieu of notice, salary arrears, and the respondent is ordered to bear their own costs.
Facts
The claimant served as a bookbinder for the respondent from March 15, 2007 to October 1, 2014. The respondent terminated the claimant's employment on October 1, 2014, demanding outstanding 3-months' salary arrears.
Issues
- Unfair termination of employment
- Compensation
- Pay in lieu of notice
- Salary arrears
- Contributions to the National Social Security Fund
- Gratuity
- Accrued leave
Reasoning
The court found that the respondent did not provide a written notice of termination and did not allow the claimant to make representations. The claimant's oral testimony was corroborated by a demand from the labour officer.
Outcome
Claimant wins
Orders
- Compensation of Kshs 35,000/-
- Pay in lieu of notice of Kshs 5,000/-
- Salary arrears of Kshs 15,000/-
Authorities cited
Legislation (1)
- Employment Act, 2007
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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