BENARD KURIA MWANGI AND 2 OTHERS V KASTURI LIMITED [2012] KEELRC 84 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 84
- Citation
- [2012] KEELRC 84 (KLR)
- Decided
- 9 November 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimants filed a memorandum of claim, and the Respondent filed a memorandum of defence.CoramBYRAM ONGAYA
Holding
The court finds that the termination of employment was unfair and orders the Respondent to pay the claimants compensation and interest.
Facts
Claimants were employed by Respondent and filed a claim for unfair termination. Respondent denied all claims and requested dismissal with costs and interest.
Issues
- Unfair termination of employment
- Compensation for unfair termination
Reasoning
The court found that the Respondent did not provide a notification of misconduct or a hearing regarding the claims, thus breaching Section 41 of the Employment Act, 207. The claimants proved their claims and were entitled to compensation.
Outcome
Judgment entered for the claimants
Orders
- a declaration that the termination of employment of the claimants by the respondent was unfair
- the respondent to pay the claimants a sum of Ksh.1,477,783/= plus interest at court rates till full payment
- the respondent to pay the costs of the case
Remedies
- Compensation for unfair termination
- Declaration of unfair termination
Authorities cited
Legislation (1)
- Employment Act, 207
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…