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Josephat Iduka Mwandihi & another v Alamdar Trading Company Limited [2016] KEELRC 1367 (KLR)

[2016] KEELRC 1367 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1367
Citation
[2016] KEELRC 1367 (KLR)
Decided
24 March 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from original trialCoramLINNET NDOLO
Holding

The termination was substantively and procedurally unfair, and the Court awards compensation and notice pay to the Claimants.

Facts

The Claimants were dismissed by the Respondent for allegedly missing a generator entrusted to them for delivery. They claimed compensation for wrongful termination and unlawful termination.

Issues

  1. Whether the termination of the Claimants' employment was justifiable and fair
  2. Whether the Claimants are entitled to the remedies sought

Reasoning

The Respondent failed to establish a valid reason for the termination and did not follow the mandatory disciplinary procedure. The Court found the termination unfair.

Outcome

Awarded compensation and notice pay to the Claimants

Orders

  • Award of compensation and notice pay to the Claimants

Remedies

  • Compensation for unfair termination
  • Notice pay

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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