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Michael Munyi v Hotel Intercontinental Nairobi [2014] KEELRC 9 (KLR)

[2014] KEELRC 9 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
9
Citation
[2014] KEELRC 9 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeIndustrial DisputePostureAppeal from the High CourtCoramMATHEWS N. NDUMA
Holding

The dismissal was unfair and the Court awards the Claimant maximum compensation of 12 months gross salary, one month salary in lieu of notice, and overtime pay.

Facts

Claimant was dismissed as Purchasing Manager on January 10, 2006, after purchasing two defective valves from a supplier. He claimed he was falsely accused and detained by the Respondent's officers.

Issues

  1. Was the dismissal of the Claimant fair and in accordance with the law?
  2. What are the Claimant's compensatory and consequential damages?

Reasoning

The Court found that the reason for dismissal was false and orchestrated, and the Respondent failed to rebut the Claimant's prima facie case.

Outcome

Claimant's appeal upheld

Orders

  • Respondent to pay Claimant maximum compensation of Kshs.975,000
  • Respondent to pay one month salary in lieu of notice
  • Respondent to pay overtime compensation
  • Respondent to pay costs of the suit

Remedies

  • Compensation for unlawful and unfair dismissal
  • Overtime pay for extra hours worked
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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