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Andrew Tune Kiringi v Nicola Radichi [2015] KEELRC 1487 (KLR)

[2015] KEELRC 1487 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1487
Citation
[2015] KEELRC 1487 (KLR)
Decided
6 February 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
Typeemployment disputePostureclaimant's undefended claimCoramJames Rika
Holding

termination was unfair, and the Respondent is ordered to pay 6 months' salary in compensation for unfair termination, 1 month salary in lieu of notice, and gratuity of Kshs. 38,769.20.

Facts

Claimant Andrew Tune Kiringi was employed as a Security Officer by Respondent Nicola Radichi from June 1, 2006, to November 2013. He was terminated in November 2013, and sought an award for various claims including salary, notice pay, and severance pay.

Issues

  1. unfair and unlawful termination
  2. redundancy provisions

Reasoning

Claimant's pleadings and evidence were found wanting, and the Respondent did not present a defense. The Court found the termination unfair and awarded compensation.

Outcome

Claimant's claim was partially successful, with the Respondent ordered to pay compensation.

Orders

  • termination of the Claimant's contract of employment was unfair
  • Respondent shall pay 6 months' salary in compensation for unfair termination at Kshs. 48,000
  • Respondent shall pay 1 month salary in lieu of notice at Kshs. 8,000
  • Respondent shall pay gratuity of Kshs. 38,769.20

Remedies

  • compensation for unfair termination
  • salary in lieu of notice
  • gratuity

Authorities cited

Legislation (2)
  • Employment Act 2007
  • Industrial Court Act 2011
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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