James Aluvisia Luvayi v Director, The Option Lounge [2022] KEELRC 230 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 230
- Citation
- [2022] KEELRC 230 (KLR)
- Decided
- 10 March 2022
Summary at a glance
TypeEmployment DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramM. MBAR?
The claimant is found to be an employee, and the termination was unfair. The court orders compensation, notice pay, unpaid leave, house allowance, service pay, and 7 days' pay for February, 2017.
Facts
The claimant, James Aluvisia Luvayi, was employed by the respondent, The Option Lounge, as a Lounge/Club manager. He worked until February 7, 2016, when he was terminated without notice. The claimant sought compensation for terminal dues, unpaid leave, house allowance, service pay, and compensation for unfair termination.
Issues
- Whether the claimant was an employee or a casual labourer
- Whether the termination was fair and without due process
Reasoning
The court found that the claimant was an employee and not a casual labourer. The employer failed to provide work records and did not comply with the Employment Act, leading to an unfair termination.
Outcome
In favor of the claimant
Orders
- Compensation
- Notice pay
- Unpaid leave
- House allowance
- Service pay
- 7 days' pay for February, 2017
Remedies
- Compensation
- Notice pay
- Unpaid leave
- House allowance
- Service pay
- 7 days' pay for February, 2017
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…