Kirimi Moses Ngari v Mobicom (K) Limited [2015] KEELRC 105 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 105
- Citation
- [2015] KEELRC 105 (KLR)
- Decided
- 11 December 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant vs RespondentCoramBYRAM ONGAYA
Holding
The dismissal was unfair and unlawful, and the claimant is awarded Kshs. 138,000.00 in compensation.
Facts
Claimant was dismissed by email on January 6, 2015, for an alleged shortage of Kshs. 19,540.00. The claimant denied the shortage and testified that he was dismissed without a notice or hearing.
Issues
- Whether the dismissal was unlawful, unfair, and inhuman.
- Whether the claimant is entitled to compensation and other remedies.
Reasoning
The court found that the dismissal was without notice and hearing, contrary to the Employment Act, and that the claimant did not contribute to the alleged shortage.
Outcome
Judgment in favor of the claimant
Orders
- The respondent to pay the claimant Kshs. 149,000.00 by February 1, 2016, with interest at court rates.
- The dismissal of the respondent's counterclaim with costs.
- The respondent to pay the claimant's costs of the suit.
Remedies
- Compensation of Kshs. 138,000.00
- Interest on compensation at court rates
Authorities cited
Legislation (1)
- Employment Act, 2007
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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