Mbaruk AD-Ham Basty v Five Forty Aviation Limited [2015] KEELRC 680 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 680
- Citation
- [2015] KEELRC 680 (KLR)
- Decided
- 31 July 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramMATHEWS NDERI NDUMA
Holding
The court commutes the summary dismissal to a normal termination and awards the Claimant three months' salary in lieu of notice, 17 days salary for February 2010, 30 days leave not taken, and refund of unlawful deduction.
Facts
The Claimant, a pilot, was terminated by the Respondent for failing to renew his pilot license and for misconduct. The Claimant denied the allegations and claimed compensation for unlawful termination and unpaid benefits.
Issues
- Justification for summary dismissal
- Payment of leave days
- Payment of salary for February 2010
- Refund of unlawful deduction
- Payment of house allowance
Reasoning
The court found the termination unjustified due to the Claimant's injury and lack of misconduct, but awarded compensation for unpaid leave and salary.
Outcome
Claimant wins
Orders
- Award of compensation
Remedies
- Compensation for three months' notice
- Compensation for 17 days salary for February 2010
- Compensation for 30 days leave not taken
- Refund of unlawful deduction
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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