Vivian Azangu Matunda v Swahili Beach Resorts Limited [2016] KEELRC 1197 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1197
- Citation
- [2016] KEELRC 1197 (KLR)
Summary at a glance
TypeUnfair DismissalPostureAppeal from original trialCoramONESMUS MAKAU
The claimant's employment was governed by the CBA, and he was entitled to notice and compensation for unfair termination.
Facts
Claimant was employed under fixed term contracts from December 1, 2011 to January 31, 2014. The respondent terminated the claimant's employment without notice, offering compensation and service charges.
Issues
- Whether the contract was governed by the CBA
- Whether the termination was without notice
- Whether the claimant is estopped from suing
- Whether the reliefs sought should be granted
Reasoning
The court found the contract governed by the CBA, and the termination was unfair due to lack of notice and improper procedure. The claimant was awarded notice, compensation, and service charges.
Outcome
Judgment entered for the claimant, declaring termination unlawful and awarding compensation and costs.
Orders
- Notice of termination awarded
- Compensation for unfair termination awarded
- Service charges awarded
Remedies
- Notice of termination
- Compensation for unfair termination
- Service charges
Authorities cited
⚠ 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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