Mary Wanjuku Maina v Peninnah Kivivya Kitheka & another [2015] KEELRC 176 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 176
- Citation
- [2015] KEELRC 176 (KLR)
- Decided
- 6 November 2015
Summary at a glance
TypeEmployment DisputePostureDefendant not appearing, claimant seeking compensation for unfair dismissalCoramAbuodha J. N.
The dismissal is deemed unfair and the claimants are awarded compensation
Facts
Claimants were employed as cooks by the defendant in October 2011 on a monthly salary of Kshs. 8,000. They were dismissed on June 3, 2013, after sustaining injuries in the course of their employment without notice or payment of terminal dues.
Issues
- Whether the dismissal was fair
- Compensation for unfair dismissal
Reasoning
The respondent failed to prove the reason for terminating the claimant's services, thus the dismissal is deemed unfair. The claimants are awarded compensation for one month's salary, service pay, and six months' salary for unfair dismissal.
Outcome
Claimants awarded Kshs. 64,000 in compensation
Orders
- Claimants to have the costs of the suit
Remedies
- Compensation for unfair dismissal
⚠ 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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