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Dominic Wambua v Tononoka Rolling Mills [2015] KEELRC 145 (KLR)

[2015] KEELRC 145 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
145
Citation
[2015] KEELRC 145 (KLR)
Decided
25 November 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant vs RespondentCoramM. MBARU
Holding

Claimant awarded Kshs.10,500 for unfair labour practice

Facts

Claimant Dominic Wambua was employed by Respondent Tononoka Rolling Mills as a casual labourer from 2004 to 2011. He was terminated in June 2012 without notice or pay for days worked and leave earned. He claimed unpaid leave, service pay, and compensation.

Issues

  1. termination without notice
  2. unpaid leave
  3. service pay
  4. unfair labour practice

Reasoning

Claimant admitted to being absent due to illness but failed to provide medical certificates. The court found the employer's failure to ensure the employee received time off for illness was an unfair labour practice.

Outcome

Claimant wins

Orders

  • Award of Kshs.10,500 to Claimant
  • Certificate of Service to be issued in 7 days
  • Each party to bear their own costs

Remedies

  • Notice pay for unfair labour practice

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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