Titus Muriuki Ndirangu v Beverly School of Kenya Limited [2022] KEELRC 827 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 827
- Citation
- [2022] KEELRC 827 (KLR)
Summary at a glance
TypeEmployment DisputePostureRespondent failed to file a response/defence, Claimant testified and closed his caseCoramHON. JUSTICE DAVID NDERITU
The court found that the terms of employment were not clearly disclosed, and the termination was unfair and unlawful.
Facts
Claimant was employed by Respondent as Deputy Principal and a teacher of mathematics on 2nd January, 2018 with a monthly gross salary of Kshs.100,000/=, but was terminated on 13th February, 2019. The Respondent allegedly failed to pay the agreed salary.
Issues
- What were the terms of employment for the Claimant by the Respondent?
- Was the termination of the Claimant by the Respondent unfair and unlawful?
- If (ii) above is in the affirmative, is the Claimant entitled to the reliefs sought?
- Who meets the costs of this cause?
Reasoning
The court acknowledged the Claimant's evidence of terms of employment but noted the lack of clarity. The termination was found to be unfair and unlawful.
Outcome
The court declared the termination unfair, wrongful, unlawful, and illegal.
Orders
- A declaration that the termination of the Claimant was unfair, wrongful, unlawful, and illegal.
Remedies
- One month’s salary in lieu of notice - Kshs.100,000.00
- Unpaid Wages between 2nd January, 2018 to 13th February, 2019 - Kshs.701,492.60
- Severance pay - Kshs. 50,000.00
- 12 months compensation as per Section 49(c) of Employment Act - Kshs.1,200,000.00
- Total - Kshs.1,951,492.00
- Costs of this claim
Authorities cited
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