Erastus v Zhongmei Engineering Group Limited & another; Attorney General (Interested Party) (Cause 2449 of 2017) [2023] KEELRC 2946 (KLR) (17 November 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2946
- Citation
- [2023] KEELRC 2946 (KLR)
- Decided
- 17 November 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant's SuccessCoramBYRAM ONGAYA
Holding
The claimant is awarded Kshs.40,000 less PAYE by December 31, 2023, and costs of the suit.
Facts
The claimant, Erastus, was employed by Zhongmei Engineering Group Limited and M.I.B.P. Limited as a site surveyor and technician for a project. He was terminated verbally in October 2017. The claimant sought payment of anticipated salary, unpaid salary, leave pay, and general damages.
Issues
- Contract of Service
- Termination of Employment
Reasoning
The court found the contract was for a gross monthly payment of Kshs.40,000, and the claimant's termination was without notice. The court awarded one-month payment in lieu of notice.
Outcome
Claimant's Success
Orders
- Payment of Kshs.40,000 less PAYE by December 31, 2023
- Award of Costs of the Suit
Remedies
- Payment of Anticipated Salary
- Unpaid Salary
- Leave Pay
- General Damages
- Enforcement Order
Authorities cited
Legislation (1)
- Employment Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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