Serem v JRS Group Limited (Cause E056 of 2023) [2024] KEELRC 499 (KLR) (6 March 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 499
- Citation
- [2024] KEELRC 499 (KLR)
- Decided
- 6 March 2024
Summary at a glance
TypeUnfair Termination and Underpayment CasePostureAppeal from an original trialCoramRADIDO
The Court finds that the Respondent unfairly terminated the Claimant's employment on 24 December 2022. The Court allows the claim for underpayments, accrued leave, service pay, December 2022 wages, overtime, and house allowance.
Facts
The Claimant, Vincent Kibitok Serem, was employed by JRS Group Limited. He was terminated on 24 December 2022 without notice. The Claimant alleged unfair termination and underpayment. The Respondent denied the allegations.
Issues
- Unfair termination of employment
- Underpayments
- Accrued leave
- Service pay
- December 2022 wages
- Overtime
- House allowance
- Deducted wages
Reasoning
The Court discounts the defense of desertion and finds that the Respondent unfairly terminated the Claimant's employment. The Court allows the claim for underpayments, accrued leave, service pay, December 2022 wages, overtime, and house allowance.
Outcome
The Court dismisses the unfair termination claim but allows the underpayment, accrued leave, service pay, December 2022 wages, overtime, and house allowance claims.
Orders
- Allowance of underpayment claim
- Allowance of accrued leave claim
- Allowance of service pay claim
- Allowance of December 2022 wages claim
- Allowance of overtime claim
- Allowance of house allowance claim
Remedies
- Equivalent of 1-month salary in lieu of notice for unfair termination
- Allowance of underpayment
- Allowance of accrued leave
- Service pay of Kshs 81,252/-
- Allowance of December 2022 wages
- Allowance of overtime
- House allowance of Kshs 214,781/-
Authorities cited
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