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.…