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Frederick Were v MK Jeffery's Hauliers [2013] KEELRC 596 (KLR)

[2013] KEELRC 596 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
596
Citation
[2013] KEELRC 596 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnlawful Termination of EmploymentPostureClaimant's claim for unlawful termination of employment confirmedCoramMbaru
Holding

The claimant's contract of employment was unfairly terminated, and the respondent is ordered to pay various amounts including compensation, notice pay, leave pay, house allowance, and service pay.

Facts

Claimant Frederick Were was an employee of respondent MK Jeffery's Hauliers for 4 years. He was terminated on 16th May 2012 without payment of house allowance, salary, notice pay, or leave days. He was also not issued a certificate of service.

Issues

  1. Unlawful termination of employment
  2. Compensation for unfair termination
  3. Notice pay
  4. Leave pay
  5. House allowance
  6. Service pay

Reasoning

The termination was unfair as it was done over the phone without due process and the respondent did not serve a notice or provide reasons for termination.

Outcome

Claimant's claim confirmed

Orders

  • Award of compensation of 6 months' salary at Kshs.180,000.00
  • Award of service pay at Kshs.60,000.00
  • Award of notice pay at Kshs.30,000.00
  • Award of salary due for May 2012 at Kshs.16,000.00
  • Award of leave pay for 4 years at Kshs.120,000.00
  • Award of house allowance for 56 months at Kshs.200,000.00
  • Award of service pay at 15 days pay for each of the 4 years worked at Kshs.60,000.00
  • Issue of Certificate of Service within 14 days
  • Costs of the suit to the claimant

Authorities cited

Legislation (1)
  • Employment Act
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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