JUDGMENT
The appellant, Kartar Singh Construction Limited was an employer of Godana Jilo Jirmo. The said relationship was terminated on 19th June, 2010 when it was alleged that the appellant had dismissed the respondent on the basis of tribal discrimination. In the respondent’s memorandum of Claim dated 28th October, 2010, he contended that he was underpaid; that he was not given 2 months’ notice, he was not paid for annual leave, severance pay and overtime; that he was not given weekly resting days for 5 years and neither was he paid for working during public holidays. He sought the following prayers:
“(i) A declaration that the termination of the claimant’s employment on 19th June, 2010 was unlawful and unfair;
(ii) An order that the respondent do issue a certificate of employment to the claimant;
(iii) An order that the respondent do pay the claimant Kshs 768,892.35 being his dues under Section 49 of the Employment Act 2017 and underpayment under Legal Notice No. 42 of 1st May, 2005, L…