Boniface Nyaga Njiru v Board Of Trustee Gichugu Water & Sanitation Trust [2014] KEELRC 1070 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1070
- Citation
- [2014] KEELRC 1070 (KLR)
- Decided
- 20 June 2014
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeIndustrial DisputePostureAppeal from a decision of the Industrial CourtCoramABUODHA N.
Holding
The court declares the terminations unlawful and unfair, and awards compensation to the claimants.
Facts
Boniface Nyaga Njiru and another employee of the respondent Board of Trustee Gichugu Water & Sanitation Trust were employed as plumbers. They alleged that their employment was terminated in September 2012 when the respondent failed to allocate them work and pay their salaries.
Issues
- Whether the claimants should continue to regard themselves as employees of the respondent or consider themselves dismissed.
- Whether the termination of the claimants' employment contracts was unlawful and unfair.
Reasoning
The court found that the respondent's conduct constituted constructive dismissal, as it failed to allocate work and pay the claimants' salaries, and the claimants were not given notice of termination.
Outcome
The court awards compensation to the claimants.
Orders
- One month's salary in lieu of notice for Boniface Nyaga Njiru: 12,920
- 8 months salary as compensation for unfair dismissal for Boniface Nyaga Njiru: 103,360
- One month's salary in lieu of notice for the other claimant: 8,688
- 8 months salary as compensation for unfair dismissal for the other claimant: 69,504
Remedies
- Interest on the decretal sum and costs of the suit
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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