Indeche v Savannah Printers Limited (Cause 262 of 2018) [2022] KEELRC 4050 (KLR) (6 June 2022) (Judgment)

Facts

The claimant, Humphrey Indeche, was employed by Savannah Printers Limited as a machine operator on August 1, 2010, with a wage of Ksh 16,000 per month. The employment was terminated on December 7, 2010, due to the non-purchase of a printing machine and the claimant's subsequent lockout.

Issues

1. Whether the claimant was ever employed as a machine operator
2. Whether the claimant is entitled to salary underpayments, accrued leave, compensation for unfair termination, severance pay, overtime, notice pay, reinstatement, and a certificate of service

Reasoning

The court found that the employment contract was not executed by the respondent, and the claimant did not offer his labor as an employee. The respondent had a duty to issue notice to the claimant, but did not. The claimant is entitled to notice pay.

Outcome

The claimant is awarded notice pay of Ksh 10,466.15, with each party bearing their own costs.

Authorities cited