Kenya Hotels and Allied Workers Union v Daben Limited (Dolce the Club) [2015] KEELRC 1006 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1006
- Citation
- [2015] KEELRC 1006 (KLR)
- Decided
- 22 May 2015
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeUnlawful and Unfair DismissalPostureUndefended CauseCoramAbuodha J. N.
Holding
The termination is deemed unfair and the claimant is awarded compensation including one month's pay in lieu of notice, house allowance, accrued leave, and 6 months' salary as compensation for unfair dismissal.
Facts
The claimant, a former employee of the respondent, was terminated in May 2004. He sought payment of terminal dues and compensation for unfair dismissal.
Issues
- Proving the wrongfulness or unfairness of the termination
- Proving the reasons for termination
Reasoning
The claimant's relationship with the respondent was cordial, and he tried to seek an explanation for his termination but was unsuccessful. The Court deems the termination unfair.
Outcome
The claimant is awarded compensation and costs.
Orders
- One month's pay in lieu of notice
- House allowance
- Accrued leave
- 6 months' salary as compensation for unfair dismissal
- Severance pay at 15 days' pay for each Complete year of service
Remedies
- Compensation for terminal dues and unfair dismissal
- Costs of the suit
Authorities cited
Legislation (1)
- Section 43 of the Employment and Labour Relations 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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