David Mokaya Mogere v Rev. Fr. Dennis Rogena M. Ondieki & 3 others [2015] KEELRC 1227 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1227
- Citation
- [2015] KEELRC 1227 (KLR)
- Decided
- 26 January 2015
Summary at a glance
TypeEmployment DisputePostureClaimant sued Respondents for wrongful termination and other claims.CoramNzioki wa Makau
The Court found in favor of the Claimant on some claims and dismissed others.
Facts
The Claimant was allegedly denied access to the institution and issued indefinite compulsory leave by the 1st Respondent, who was alleged to be a representative of the 4th Respondent. The 2nd and 3rd Respondents were institutions owned by the 4th Respondent.
Issues
- vicarious liability
- unfair termination
- compensation for wrongful termination
Reasoning
The Court ruled that the 1st Respondent was not vicariously liable and that the termination was not unfair.
Outcome
The Court dismissed the claim against the 1st, 3rd, and 4th Respondents. It found in favor of the Claimant against the 2nd Respondent.
Orders
- Dismissal of the claim against the 1st, 3rd, and 4th Respondents.
- Finding in favor of the Claimant against the 2nd Respondent.
Remedies
- Compensation for salary withheld from May 2011 to date at a rate of 10,000/- per month.
- Compensation for NSSF contributions for 24 years at a rate of 400/- per month.
- One month salary in lieu of notice.
- Compensation for house allowance, medical allowance, and travelling allowance for 24 years.
- Compensation for 12 months salary compensation.
- Compensation for terminal benefits of 4 months salary for each year worked.
- Compensation for costs of the suit.
- Compensation for damages.
- Compensation for certificate of service.
- Interest on the sums claimed.
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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