Ng’ang’a v Robinson Investment Ltd T/A Robinson Security Guards (Employment and Labour Relations Cause 169 of 2016) [2022] KEELRC 4106 (KLR) (29 September 2022) (Judgment)

Facts

The claimant, Rachael Wanjiru Ng’anga, was employed by the respondent, Robinson Investment Ltd T/A Robinson Security Guards. The claimant filed a memorandum of claim for various reliefs including salary in lieu of notice, accumulated wages, annual leave pay, overtime pay, public holidays pay, maternity leave pay, gratuity, and compensation for unfair and unlawful termination.

Issues

1. What was the nature of the employment relationship between the claimant and the respondent?
2. Was the termination of the claimant by the respondent unfair and unlawful?
3. Is the claimant entitled to the reliefs sought?

Reasoning

The court considered the factors set out in section 49(4) of the Act and found that an award of 12 months gross salary would be fair and reasonable compensation. The rightful last gross monthly salary for the claimant was Kshs 10,925/=. The compensation is calculated as Kshs 10,925/= x 12 months = Kshs 131,100/=. The court also ordered the issuance of a certificate of service and awarded costs to the claimant.

Outcome

The claimant is awarded one month's gross salary in lieu of notice, compensation for unfair and unlawful termination, and costs of the cause.

Authorities cited