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Boniface Muli Mukuni v Charles Ruguna T/A Miritini Meals Hotel [2016] KEELRC 1683 (KLR)

[2016] KEELRC 1683 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1683
Citation
[2016] KEELRC 1683 (KLR)
Decided
19 February 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair and Unlawful TerminationPostureClaimant's case undefended, Respondent did not appearCoramJames Rika
Holding

Claimant is granted 1 month salary in lieu of notice at Kshs. 8,000 and 3 months’ salary for unfair termination at Kshs. 24,000 – total Kshs. 32,000 in satisfaction of the Claim.

Facts

Claimant Boniface Muli Mukuni was employed as Manager at Respondent Charles Ruguna's restaurant and butchery business. He worked for 6 months and was dismissed in December 2014. He claimed underpayment of salary, overtime, unpaid off days, and compensation for unfair termination.

Issues

  1. Unfair and unlawful termination
  2. Underpayment of salary
  3. Overtime pay
  4. Unpaid off days
  5. Compensation for unfair termination

Reasoning

Claimant was dismissed without a valid reason and fairness of procedure was not established. The Court found the Claimant's evidence on working hours and off days unclear.

Outcome

Claimant wins

Orders

  • 1 month salary in lieu of notice at Kshs. 8,000
  • 3 months’ salary for unfair termination at Kshs. 24,000

Remedies

  • Costs of the Claim and interest at 14% per annum from the date of the delivery of the Award

Authorities cited

Legislation (1)
  • Industrial Court [Procedure] Rules 2010
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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