Kenya Union of Commercial, Food and Allied Workers v Isiolo Teachers Sacco [2015] KEELRC 1256 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1256
- Citation
- [2015] KEELRC 1256 (KLR)
- Decided
- 8 April 2015
Summary at a glance
TypeUnfair TerminationPostureClaimant wonCoramBYRAM ONGAYA
The court finds the termination unfair due to lack of a disciplinary hearing and compensates the grievant with 12 months' salary and other benefits.
Facts
Abdi Halake, a guard, was promoted to Chief Security Officer on 1.11.2006 but was not paid the relevant salary and allowances. He was suspended on 17.05.2010 and dismissed on 12.07.2010 without a disciplinary hearing.
Issues
- Unfair termination
- Promotion and salary issues
Reasoning
The court found the termination unfair due to the lack of a disciplinary hearing and the grievant's established health condition on the day of suspension.
Outcome
Claimant wins
Orders
- Respondent to pay the grievant unpaid salaries and allowances from 1.10.2006 to 12.07.2010
- Respondent to pay 12 months' gross pay at the rate as at 12.07.2010
- Respondent to pay one month salary in lieu of termination notice
- Respondent to pay one basic salary and refund for provident fund contributions
- Claimant to calculate and serve the computation within 7 days
- Respondent to pay judgment sum to the grievant by 1.06.2015 in default interest
- Respondent to pay claimant's costs of the suit
Remedies
- Compensation for 12 months' salary
- Payment of other benefits
Authorities cited
⚠ 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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