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Peter Barongo Nyamweya v Peter Burugu [2014] KEELRC 253 (KLR)

[2014] KEELRC 253 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
253
Citation
[2014] KEELRC 253 (KLR)
Decided
18 September 2014
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeIndustrial CourtPostureClaimant filed Statement of Claim, Respondent filed Memorandum of Appearance, and did not file ResponseCoramJames Rika
Termination of the Claimant's contract of employment was unfair.

Facts

Claimant was employed as a Gardener-cum-Security Guard by Respondent from November 25, 2008, until September 4, 2011. Respondent terminated the contract without notice or reason.

Issues

  • Unlawful and Unfair Termination of Employment

Reasoning

Respondent did not provide valid and fair reasons for the termination and did not follow the minimum statutory disciplinary procedure.

Outcome

Awarded compensation of Kshs. 149,191 within 30 days of the delivery of the Award.

Orders

  • Termination of the Claimant's contract of employment was unfair.
  • Respondent shall pay 12 months' salary in compensation at Kshs. 108,000; 1 month salary in lieu of notice at Kshs. 9,000; annual leave pay of 63 days amounting to Kshs. 21,807; and service pay at 15 days' salary for 2 years completed in service at Kshs. 10,384.

Remedies

  • Compensation of Kshs. 149,191 within 30 days of the delivery of the Award.

Authorities cited

Legislation (1)
  • Employment Act 2007
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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