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KENYA UNION OF PRINTING, PUBLISHING, PAPER MANUFACTURERS AND ALLIED WORKERS V TIMBER TREATMENT INTERNATIONAL LIMITED [2013] KEELRC 494 (KLR)

[2013] KEELRC 494 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
494
Citation
[2013] KEELRC 494 (KLR)
Decided
27 February 2013
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeIndustrial DisputePostureClaimant's AppealCoramBYRAM ONGAYA
Holding

The court finds the termination was unfair and the claimant is entitled to compensation for unfair termination and partial reinstatement.

Facts

The grievant was employed as a Laboratory Assistant and terminated on 24 February 2011. She was called to administer first aid to an injured casual worker during her lunch break.

Issues

  1. Termination of employment
  2. Violation of Employment Act
  3. Conviction for violation of Employment Act
  4. Partial reinstatement and compensation

Reasoning

The court found the termination was wrongful and the grievant was entitled to compensation and partial reinstatement. The court also found the claimant's prayer for conviction for violation of Employment Act was an abuse of process.

Outcome

Judgment for the claimant

Orders

  • Declaration that the termination was unfair
  • Partial reinstatement from 1 April 2011 to 28 February 2013
  • Payment of compensation and interest
  • Certificate of service

Remedies

  • Compensation for unfair termination
  • Partial reinstatement
  • Interest on compensation

Authorities cited

Legislation (2)
  • Employment Act, 2007
  • Industrial Court Act, 2011
Cases cited (1)
  • Industrial Court of Kenya Ruling delivered on 17.12.2012, Cause No. 953 of 2011 at Nairobi
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.
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