Alexander Githui Gathure v Tarmal Wire Product Limited [2014] KEELRC 294 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 294
- Citation
- [2014] KEELRC 294 (KLR)
- Decided
- 24 July 2014
Summary at a glance
TypeLabour DisputePostureClaimant vs RespondentCoramHON. LADY JUSTICE MAUREEN ONYANGO
The court finds the termination of the Claimant's employment wrongful and unlawful.
Facts
The Claimant was employed as a heavy commercial vehicle driver by the Respondent from September 2005. His employment was terminated on January 9, 2012, due to desertion on December 23, 2011, and he was dismissed under Section 44(4)(a) of the Employment Act. The Claimant claimed compensation for wrongful termination, service pay, leave, and salary.
Issues
- Wrongful termination of employment
- Service pay
- Leave
- Salary compensation
Reasoning
The court rules that the termination was wrongful due to desertion, and the Claimant is entitled to compensation for loss of employment, service pay, and leave.
Outcome
The court orders the Respondent to pay the Claimant 12 months wages as compensation for loss of employment, service pay, and leave.
Orders
- Payment of 12 months wages as compensation for loss of employment
- Payment of service pay for 7 years
- Payment of leave for 6 years
- Payment of salary under payment
Authorities cited
⚠ 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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