Dume v Quality Home Care Services (Cause 208 of 2017) [2023] KEELRC 348 (KLR) (9 February 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 348
- Citation
- [2023] KEELRC 348 (KLR)
- Decided
- 9 February 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant's SuitCoramAGNES KITIKU NZEI
Holding
The Claimant is not entitled to complain about unfair termination as he was not continuously employed for 13 months before termination. The claim for unfair termination compensation is denied. The claim for unpaid leave is allowed, and the Claimant is awarded ksh. 7,592.
Facts
Claimant was employed as a gardener by Respondent from May 1, 2016, and was terminated on June 15, 2016. He claimed unfair termination and various compensations.
Issues
- whether the Claimant is entitled to complain that he was unfairly terminated.
- whether the Claimant is entitled to the reliefs sought.
Reasoning
The Employment Act requires continuous employment for 13 months before the right to complain about unfair termination arises. The Claimant worked for only one year.
Outcome
Judgment entered for the Claimant, awarding ksh. 7,592 for unpaid leave and costs.
Orders
- Judgment entered for the Claimant against the Respondent.
Remedies
- ksh. 7,592 for unpaid leave.
- Costs of the suit and interest.
Authorities cited
Legislation (2)
- Employment Act
- Trust Bank Limited v Paramount Universal Bank Limited & 2 Others
Cases cited (1)
- Trust Bank Limited v Paramount Universal Bank Limited & 2 Others
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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