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John Ndegwa Kaminja v Naivas Limited [2014] KEELRC 366 (KLR)

[2014] KEELRC 366 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
366
Citation
[2014] KEELRC 366 (KLR)
Decided
11 June 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnlawful TerminationPostureClaimant sought reinstatement and compensation, Respondent denied and filed a defenceCoramMbaru
Holding

Dismissal was procedurally unfair and compensation awarded

Facts

Claimant was dismissed on 11th July 2013 for insubordination. He joined a trade union and was summoned by his supervisor. He was dismissed without prior warning or hearing.

Issues

  1. Procedural fairness in dismissal
  2. Compensation for unfair termination

Reasoning

Employer failed to give employee an opportunity to make representations before dismissing them. Compensation awarded for unfair termination.

Outcome

Judgment in favor of claimant

Orders

  • Compensation of Kshs.78,000
  • Notice pay of Kshs.13,000
  • Accrued leave of Kshs.4,800
  • Certificate of Service
  • Each party to bear their own costs

Remedies

  • Compensation
  • Notice pay
  • Accrued leave
  • Certificate of Service

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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