SS Hotels Ltd t/a Royal Court Hotel v Ondunga (Appeal E029 of 2024) [2024] KEELRC 2404 (KLR) (1 October 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2404
- Citation
- [2024] KEELRC 2404 (KLR)
- Decided
- 1 October 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the judgment of Hon. E M KadimaCoramM MBARŨ, J
Holding
The court held that the award of severance pay was in error and that the claim for double shifts was justifiable.
Facts
The respondent claimed unpaid double shifts and severance pay after being terminated by the appellant on 5 May 2018. The appellant admitted the employment but denied the claims.
Issues
- Whether the award of double shifts and severance pay was justifiable.
- Whether the appeal should be allowed as prayed.
Reasoning
The court ruled that the respondent was entitled to double shifts but not to severance pay as the claim was not pleaded and there was no evidence of statutory deductions.
Outcome
The appeal was allowed, and the judgment was set aside with an order for the respondent to be paid the unpaid double shifts.
Orders
- Set aside the judgment and order for the respondent to be paid the unpaid double shifts.
Remedies
- Payment of unpaid double shifts.
Authorities cited
Legislation (1)
- Employment Act 2007
Cases cited (3)
- Okoth v Nyaberi & another (Civil Appeal 248 of 2018) [2024] KECA 427 (KLR)
- Independent Electoral and Boundaries Commission & Another vs. Stephen Mutinda Mule & 3 Others [2014] eKLR
- Malawi Railways Ltd vs. Nyasulu [1998] MWSC 3
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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