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Malachi Ochieng Pire v Rift Valley Agencies Limited [2013] KEELRC 612 (KLR)

[2013] KEELRC 612 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
612
Citation
[2013] KEELRC 612 (KLR)
Decided
28 June 2013
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant's appeal against unfair terminationCoramBYRAM ONGAYA
Holding

Termination was unfair, and claimant is entitled to Kshs.310,755.20 and a certificate of service.

Facts

Claimant worked for respondent from 1996 to 2006. He was terminated on 18.12.2009 without notice or severance pay. He claimed underpayment, overtime, annual leave, and certificate of service.

Issues

  1. fairness of termination
  2. underpayment
  3. overtime
  4. annual leave
  5. certificate of service

Reasoning

Due process for redundancy and termination was not followed. Claimant admitted to some shortages but denied owing any other money.

Outcome

Claimant wins

Orders

  • payment of Kshs.310,755.20 by 1.9.2013
  • delivery of certificate of service by 15.07.2013
  • payment of costs of the suit

Remedies

  • declaration of unfair termination
  • payment of underpayment
  • payment of certificate of service

Authorities cited

Legislation (1)
  • Employment Act, 2007
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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