Robert Otieno Ochieng v Hotel Cathay Limited [2015] KEELRC 1117 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1117
- Citation
- [2015] KEELRC 1117 (KLR)
- Decided
- 15 May 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from an original trial decisionCoramRadido Stephen
Holding
Dismissal was procedurally unfair
Facts
Claimant was dismissed by Respondent on 16 September 2013 without notice or warning. Claimant alleged he was dismissed due to illness, while Respondent claimed he was absent without cause.
Issues
- Whether dismissal was unfair
- Whether Claimant has accrued leave
- Whether Respondent has Claimant's 700 CDS
Reasoning
The Respondent failed to comply with the statutory requirements of procedural fairness, as it did not give the Claimant a chance to explain his absence.
Outcome
Claimant awarded 1 month pay in lieu of notice, 2.5 months wages in lieu of leave, and 3 months gross wages compensation
Orders
- Respondent to pay Claimant Kshs 136,500/-
- Claimant to have costs
- Respondent to issue Certificate of Service
Remedies
- One month pay in lieu of notice
- 2.5 months wages in lieu of leave
- 3 months gross wages compensation
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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