NGAIRA LUMAKUNJA V CLAR SECURITY SERVICES [2012] KEELRC 136 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 136
- Citation
- [2012] KEELRC 136 (KLR)
- Decided
- 30 November 2012
Summary at a glance
TypeIndustrial DisputePostureClaimant's case against Respondent for unfair dismissal and other claimsCoramByram Ongaya
The claimant is declared constructively dismissed unfairly and awarded Ksh.14,000/= for two months' salary.
Facts
Respondent hired the claimant as a security guard, but denied his son permission to attend college, leading to the claimant working without pay for three months. Despite demands, the Respondent failed to pay terminal dues.
Issues
- Constructive dismissal
- Unfair termination
- Payment of salary and service pay
Reasoning
The court found the Respondent's actions constituted constructive dismissal and the claimant's evidence was sufficient to prove his case.
Outcome
Judgment entered for the claimant
Orders
- Declaration of constructive dismissal
- Payment of Ksh.14,000/= for two months' salary
- Payment of Ksh.28,875.00/= for service pay and interest
- Payment of costs of the cause
Remedies
- Declaration of unfair dismissal
- Payment of salary and service pay
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