Denis Ombese Nyakundi v Branded Fine Foods Ltd [2015] KEELRC 1457 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1457
- Citation
- [2015] KEELRC 1457 (KLR)
- Decided
- 13 February 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeIndustrial DisputePostureClaimant vs Respondent for unfair termination and terminal duesCoramO. N. Makau
Holding
The court finds on a balance of probability that the claimant was dismissed on 23/3/2013 and not resigned. The dismissal was unfair.
Facts
Claimant Denis Ombese Nyakundi was employed as a junior Credit Accountant by Respondent Branded Fine Foods Ltd on a 2-year fixed term contract. He applied for 63 days leave on 22/3/2013, but his boss, the Managing Director, dismissed him on 23/3/2013 without prior notice.
Issues
- Whether CW1 was dismissed on 23/3/2013 or resigned on 3-4-2013
- If dismissed, whether the dismissal was unfair
- Whether the reliefs sought should be granted
Reasoning
The court found that the claimant was chased away by the MD and did not resign. The MD denied the claimant's leave request, which was a breach of contract.
Outcome
Judgment entered for the claimant for ksh.529,500 and a certificate of service, costs and interest.
Orders
- Judgment for the claimant for ksh.529,500 and a certificate of service, costs and interest.
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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