Immaculate Ingado Indonyi v Hiten Somaiya [2018] KEELRC 1422 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT NAIROBI

CAUSE NUMBER 658 OF 2014

IMMACULATE INGADO INDONYI......CLAIMANT

VERSUS

HITEN SOMAIYA.................................RESPONDENT

JUDGMENT

1. This matter proceeded ex-parte after the court became satisfied that the respondent was duly served.

2. The claimant stated that she was hired via oral contract and employed by the respondent as a house-help at a monthly salary of 7,350/=.

3. On 4th February, 2014 the respondent called her and asked her to sign some papers which she was told were for renewal of contract.  She asked to read through first but the respondent refused.

4. The respondent got upset and asked her to leave.  It was her evidence that she was never paid house allowance and never went on leave during the period she worked.

5. The court will therefore enter judgement as follows:

Kshs

a.  One month’s salary in lieu of notice             7,350

b.  Salary for January, 2014                            7,350

c. Annual leave for 2012/2013                        7,350

d. Four months pay as compensation for

unfair termination                        29,400

51,450

e. Costs of the suit

6.  It is so ordered.

Dated at Nairobi this 20th day of July, 2018

Abuodha J. N.

Judge

Delivered at Nairobi this 20th day of July, 2018

Abuodha J. N.

Judge

In the presence of:-

………………………for the Claimant

………………………for the Respondent