Isaac Makanga Opisa v Fun Nan Shop Limited [2015] KEELRC 1401 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1401
- Citation
- [2015] KEELRC 1401 (KLR)
- Decided
- 13 February 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
Typetermination of employmentPostureoriginal trialCoramAbuodha J. N.
Holding
termination of employment was unfair
Facts
Claimant Isaac Makanga Opisa was verbally employed as a supervisor by Respondent Fun Nan Shop Limited. He worked until September 2, 2011, when he was allegedly terminated without reason. Claimant took annual leave in July 2011 and returned in August 2011, but was told he would be paid notice pay and public holidays.
Issues
- reason for termination
- fair procedure in termination
Reasoning
Employer failed to prove reasons for termination, shifting the burden of proof to employer. Employer did not provide evidence of losses or theft connection to claimant.
Outcome
award of 7 months wages as compensation for unfair termination, one month's salary in lieu of notice, and Kshs.92,400 in total.
Remedies
- 7 months wages as compensation for unfair termination
- one month's salary in lieu of notice
- Kshs.92,400
Authorities cited
Legislation (1)
- Employment 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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