Lucus Mzee Wamukota v Riley Falcon Security Ltd [2016] KEELRC 1278 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1278
- Citation
- [2016] KEELRC 1278 (KLR)
- Decided
- 3 May 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent filed a Response, Claimant filed a Reply, and the Cause was heard.CoramRadido Stephen
Holding
The termination was unfair on account of redundancy and the Respondent failed to comply with the Employment Act, 2007.
Facts
Claimant was employed by Respondent as a security guard from April 18, 2008, and was informed of redundancy on April 30, 2014. No written contract was issued.
Issues
- legal burden in unfair termination of employment disputes
- whether the Claimant was employed by the Respondent
- whether the Claimant was declared redundant
- whether the redundancy was fair
Reasoning
The Court found that the Claimant was an employee, the separation was involuntary, and the Respondent did not comply with the Employment Act, 2007.
Outcome
Claimant awarded 1 month pay in lieu of notice, April 2014 wages, leave, uniform deductions, overtime, severance pay, and compensation.
Orders
- Respondent to pay Claimant 1 month pay in lieu of notice, April 2014 wages, leave, uniform deductions, overtime, severance pay, and compensation.
- Respondent to issue a Certificate of Service within 7 days.
- Claimant denied costs.
Remedies
- 1 month pay in lieu of notice
- April 2014 wages
- leave
- uniform deductions
- overtime
- severance pay
- compensation
Authorities cited
Legislation (1)
- Employment Act, 2007
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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