Shabiri Wesonga v Hill School Academy [2013] KEELRC 640 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 640
- Citation
- [2013] KEELRC 640 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeIndustrial CourtPostureRespondents' appeal dismissedCoramHellen Wasilwa
Holding
Claimant was dismissed unprocedurally without a fair hearing, and is entitled to 1 month salary in lieu of notice, 21 days leave, and compensation for unlawful termination.
Facts
Claimant was dismissed by respondents on February 12, 2012, without notice or explanation. Claimant denied any misconduct and sought remedies for wrongful termination.
Issues
- Whether the claimant was dismissed or absconded duty.
- Whether the claimant is entitled to any remedies from the respondents.
Reasoning
Claimant proved he was in School and in touch with respondents from February 12 to 14, 2012, and the respondents failed to provide a fair hearing.
Outcome
Claimant wins
Orders
- 1 month salary in lieu of notice - Ksh 30,700/=
- 21 days leave - Ksh 21,490/=
- Compensation equivalent to 12 months salary for unlawful termination
Remedies
- Certificate of service
- Costs of the case
Authorities cited
Legislation (3)
- Employment Act 2007
- Constitution of Kenya
- ILO Recommendation 119 (4)
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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