Oleshetiti v Astral Industries Limited (Cause 1979 of 2017) [2022] KEELRC 4855 (KLR) (22 September 2022) (Judgment)

Summary at a glance

Facts

The claimant, Enock Molenje Oleshetiti, alleged unfair termination of his employment by Astral Industries Limited on June 13, 2016. He claimed he was employed on June 25, 2013, and was underpaid and denied leave and house allowance. The respondent denied these allegations and claimed the claimant was employed under a fixed-term contract from January 4, 2016.

Issues

• Whether termination of employment was fair
• When the claimant was employed by the respondent
• Whether the claimant is entitled to the reliefs sought

Reasoning

The court determined that the termination was unfair because the respondent did not comply with the redundancy process outlined in the Employment Act, 2007, and the claimant's employment date was found to be November 1, 2014.

Outcome

The claimant's termination was found to be unfair, and he was ordered to be paid for the period he was out of employment, his benefits, notice pay, pro rata leave, and severance pay.

Orders

• The claimant is ordered to be paid for the period he was out of employment
• The claimant is ordered to be paid his benefits, notice pay, pro rata leave, and severance pay

Remedies

• Payment for the period of unemployment
• Benefits, notice pay, pro rata leave, and severance pay

Authorities cited