Customer Support

CHENGO KITSAO CHENGO
V.
UMOJA RUBBER PRODUCTS LTD

(2017) JELR 103221 (CA)

Court of Appeal 10 Mar 2017 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 49 of 2016
Judges:Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti
Location:Mombasa
Other Citations:Chengo Kitsao Chengo v. Umoja Rubber Products Ltd [2017] eKLR

JUDGMENT OF THE COURT

By a contract of employment entered into in 1996, whether oral or in writing, it is not clear, the appellant was engaged by the respondent as a machine operator on casual basis. According to the appellant, this engagement was subsequently converted to permanent employment in 2009, at a monthly salary of Kshs.7,500/=. All is said to have been well until 13th March, 2013, when the respondent allegedly unlawfully terminated the appellant’s employment, prompting the appellant to lodge a claim in the Employment and Labour Relations Court at Mombasa seeking compensation as follows:

(a) One month’s salary in lieu of notice Kshs. 7, 500/=

(b) Leave for the 17 years worked Kshs. 63, 750/=

(c) Gratuity for the 17 years worked Kshs. 63, 750/=

(d) 12 months compensation for unfair termination Kshs. 90, 000/=

(e) Overtime payment for every 52 Saturdays of the year for 17 years @ Kshs.260/= Kshs.229, 840/=

(f) Pay for 13 days worked in March, 2013

@Kshs.260/= Kshs. 3, 380/=

Total Kshs.…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.