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Patson Musembi Kitolo v Kin Jin Lee & another [2015] KEELRC 594 (KLR)

[2015] KEELRC 594 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
594
Citation
[2015] KEELRC 594 (KLR)
Decided
10 July 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant seeks compensation for unfair dismissal and other benefits.CoramAbuodha J.
Holding

The claimant's services were unfairly terminated and awarded 6 months' salary as compensation for unfair dismissal.

Facts

Claimant worked as a night guard for 8 years and 9 months. He was dismissed on 29th April, 2009, without notice, for alleged misconduct.

Issues

  1. Unfair dismissal
  2. Compensation for unfair dismissal
  3. Compensation for lost salary
  4. Compensation for leave benefits

Reasoning

The dismissal was unfair as it was not justified by the reasons stated in the letter and the claimant was not given a chance to defend himself.

Outcome

Awarded 6 months' salary as compensation for unfair dismissal, one month's salary in lieu of notice, and costs of the suit.

Orders

  • Award of compensation for unfair dismissal
  • Award of one month's salary in lieu of notice
  • Award of costs of the suit

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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