Nolands Engineering Limited v Ogutu (Appeal E018 of 2023) [2024] KEELRC 36 (KLR) (25 January 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 36
- Citation
- [2024] KEELRC 36 (KLR)
- Decided
- 25 January 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a decision in the Employment and Labour Relations CourtCoramAGNES KITIKU NZEI
Holding
The Appellant's appeal is partly successful, and judgment is entered for the Respondent in the amount of Ksh. 545,000.
Facts
The Respondent filed a claim against the Appellant in Mombasa CM ELR case No. 312 of 2021, seeking unpaid salary, payment in lieu of notice, payment in lieu of annual leave, house allowance, and compensation for damages for unfair termination.
Issues
- Whether the Appellant failed to cause a contract of employment to be drawn up stating the terms and particulars of employment.
- Whether the Appellant's appeal was partly successful and the extent of the success.
Reasoning
The Appellant failed to produce an employment contract or an itemized pay statement, which is disadvantageous to the employer. The Appellant's appeal is partly successful.
Outcome
The Appellant is ordered to pay the Respondent compensation for unfair termination, unpaid salary, payment in lieu of notice, and unpaid house allowance in the total amount of Ksh. 545,000.
Orders
- The Appellant shall issue the Respondent with a certificate of service within 30 days of this judgment.
- The Respondent is awarded interest on the awarded sum at court rates, to be calculated from the date of this judgment.
- Each party will bear its own costs of this appeal, but the Respondent will have costs of proceedings in the Court below.
Remedies
- Compensation for unfair termination
- Unpaid salary for March 2021
- One month salary in lieu of notice
- Unpaid house allowance
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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