DL MUTETI NGUNGUNI rectified.docx

DL MUTETI NGUNGUNI rectified.docx - Our Ref LS/ELR/08/2017...

This preview shows page 1 - 3 out of 4 pages.

Our Ref: LS/ELR/08/2017 Your Ref: T.B.A. DATE: 4 th May, 2017 CITY ENGINEERING WORKS KENYA LTD, P.O BOX 10890-00400 NAIROBI. Dear Sir/Madam, WRONGFUL TERMINATION OF EMPLOYMENT & NON-PAYMENT OF TERMINAL DUES OF MUTETI NGUNGUNI- OUR CLIENT. We act for MUTETI NGUNGUNI. Our client herein on whose instructions we address you as hereunder:- Our client was employed by CITY ENGINEERING WORKS KENYA LTD to work as a machine operator on 5 th day of September 2009 with a starting salary of Kshs 16,670/= per month. He used to work for six days a week. On the 10 th day of October 2016 when he reported to work, our client was told to prepare twenty five clamps instead of fifteen within eight (EIGHT) 8 hours which was an unattainable target on a very short time frame. He told his superior he couldn’t make 25 clamps within 8 hours His services were terminated. No warning letter was ever issued to him, no notice to show cause was given, no disciplinary committee was constituted to address the issue and the same was also conveyed to our client orally. ISSUES ARISING The EMPLOYMENT ACT CAP 266 LAWS OF KENYA stipulates as follows Section 20(1): An employer shall give a written statement to an employee at or before the time at which any payment of wages or salary is made to the employee. Our client was never issued with any form of pay slip despite requesting several times for the same. Section 28(1): An employee shall be entitled—
Image of page 1

Subscribe to view the full document.

(a) After every twelve consecutive months of service with his employer to not less than twenty-one working days of leave with full pay; Our client had worked for CITY ENGINEERING WORKS KENYA LIMITED for a period of 7 years and was not allowed to go on leave. Our investigations have raveled that it is not your Company’s policy to allow your employees annual leave which is in clear contravention to the provisions of the law.
Image of page 2
Image of page 3
  • Summer '17
  • Prof. Oduor
  • Law, Termination of employment, Kenya Ltd, ........Kshs 216,000.00

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern