ALFONCE PASCAL MUTISO V TRICLOVER INDUSTRIES (K) LTD [2012] KEELRC 42 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 42
- Citation
- [2012] KEELRC 42 (KLR)
- Decided
- 30 October 2012
Summary at a glance
TypeWrongful TerminationPostureClaimant vs RespondentCoramLADY JUSTICE HELLEN WASILWA
Claimant is entitled to 1 month salary in lieu of notice, absent pay deducted, 6 months salary compensation for unlawful termination, and a certificate of service.
Facts
Claimant was dismissed from employment on 23rd November, 2010, after being injured at work. He sought payment for unpaid salaries, three months' salary in lieu of notice, annual leave, and service pay.
Issues
- Wrongful termination
- Unpaid salaries
- Unlawful deductions
- Service pay
Reasoning
Claimant was not dismissed summarily but through a normal termination process due to his injury. Deductions were found to be illegal, and service pay is not payable.
Outcome
For Claimant
Orders
- Month salary in lieu of notice - Ksh.9,919/=
- Absent pay deducted - Ksh.7,896.30
- 6 months salary compensation for unlawful termination - Ksh.59,514/=
- Certificate of service issued
Remedies
- Payment of 1 month salary in lieu of notice
- Refund of illegal deductions
- Compensation for unlawful termination
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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