R M K v M T N [2016] KEELRC 1412 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1412
- Citation
- [2016] KEELRC 1412 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureClaimant vs RespondentCoramBYRAM ONGAYA
Holding
The court finds the termination unfair and orders the respondent to pay the claimant a sum of Kshs.148,923.20 by June 1, 2016, failing interest at court rates.
Facts
The claimant was employed as a guard or general worker by the respondent from March 1, 2012. The claimant left employment on February 11, 2015, citing health issues, while the respondent claimed the claimant resigned verbally. The claimant was not paid salary for February 2015 and was owed gratuity and salary in lieu of notice.
Issues
- whether the termination was unfair
- unpaid salary for February 2015
Reasoning
The court considers the valid grievance raised by the claimant was not resolved and awards maximum compensation under section 49(1)(c) of the Employment Act, 2007.
Outcome
In favor of the claimant
Orders
- A declaration that the termination was unfair and unlawful
- Payment of Kshs.148,923.20 by June 1, 2016
- Payment of costs of the suit
Remedies
- Declaration of unfair termination
- Unpaid salary for February 2015
- Costs of the suit
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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