Hussein Omar Hamisi v Maurizio Corti [2017] KEELRC 1683 (KLR)

REPUBLIC OF KENYA

EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI

AT NAIROBI

CAUSE NO. 1514 OF 2014

HUSSEIN OMAR HAMISI…….………………….….……..CLAIMANT

VERSUS

MAURIZIO CORTI…………………....……………..….RESPONDENT

JUDGEMENT

1. The claimant testified in court that he was employed by the respondent in February, 2004 as a casual.  In 2006 he was taken up as a pasta cook at a salary of Kshs 6,000.  He worked in this position until 2014 when his services were terminated.

2. According to him, the termination was unfair as he was never given any notice. He was simply told there was no more work for him. Upon termination, he was never paid his terminal dues.

3. The respondent entered appearance through Ms Conrad Maloba and Associates but never filed a response to the claim. The matter therefore proceeded undefended.

4. In absence of any defence the court will go by the claimant’s allegation and enter judgement as follows;

(a)   One month’s salary in lieu of notice                12,650

(b)   Eight months salary as compensation for

unfair termination of services                           101,200

113,850

5. It is so ordered.

Dated at Nairobi this 3rd day of March, 2017

Abuodha J. N.

Judge

Delivered this 3rd day of March, 2017

In the presence of:-

…………………………..…….for the Claimant and

………………………………...for the Respondent.

Abuodha J. N.

Judge