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JANVAN GATHARA NGUNDA
V.
READY CONSULTANCY LIMITED

(2022) JELR 113465 (CA)

Court of Appeal 4 Feb 2022 Kenya
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Case Details

Suit Number:Civil Appeal 129 of 2019
Judges:AK Murgor, JA P Nyamweya, JA JW Lessit, JA
Location:Nairobi

JUDGMENT

  1. The appellant, Janvan Gathara Ngunda is aggrieved by the trial court’s decision which declared that he was unfairly terminated by the respondent, Ready Consultancy Limited, but which declined to order that the appellant be awarded payment for public holidays, Sundays and overtime worked, amongst other grievances.

  2. The appellant claims that he was employed by the respondent as a General Manager, on June 1, 2013, earning Kshs. 33,600 monthly; that he was required to work for 48 hours a week, excess hours, and was compensated at 1.5 % of the basic rate. He claimed that he was entitled to 21 days of paid annual leave and had worked on Public Holidays and Rest Days without compensation.

  3. He claimed that he was summarily dismissed on 13th June, 2016 without justification and prayed for judgment against the respondent for;

    a) Damages for unlawful termination at Kshs 2,000,000.

    b) 1 month salary in lieu of notice at Kshs 33,600.

    c) 1 month salary in lieu of notice [again] at Kshs 33,600.

    d) J…

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