JUDGMENT
This is a first appeal arising from the judgment and decree of the Employment and Labour Relations Court (ELRC) delivered on 27th June 2017.The appellant was aggrieved by the award on compensation for unfair termination and other orders in the judgment of the ELRC.
The brief background of the case is that the respondent was employed as a cleaner in the appellant hotel on 1st July 2003, on a monthly salary of Kshs.10,598/-. This figure will be explained later in this judgment. The dispute between the parties arose when the appellant issued the respondent a 30 day notice of termination of employment, dated 1st May 2015. The reason advanced for termination in the notice was the appellant’s inability to sustain all staff in its payroll due to hard economic times. The respondent felt that the termination was unfair and consequently instituted the claim against the appellant for compensation for unfair termination, severance pay, one month pay in lieu of notice, paternity leave pay, …