Pius Alukhaba Masengo v Haveli Restaurant Limited [2016] KEELRC 1722 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1722
- Citation
- [2016] KEELRC 1722 (KLR)
- Decided
- 3 February 2016
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial decisionCoramHON. LADY JUSTICE HELLEN WASILWA
Holding
The Court finds that there were no valid reasons to terminate the Claimant's employment and that the dismissal was unfair and unlawful.
Facts
The Claimant was employed as a Storekeeper by the Respondent from January 1, 2004. He was terminated orally on April 30, 2010, without notice. The Claimant claims wrongful termination and seeks reinstatement and damages.
Issues
- Whether there were valid reasons to terminate the Claimant
- Whether due process was followed before the termination
Reasoning
The Court found that the Respondent assigned cleaning duties to the Claimant without consultation, which was in breach of the contract. The Respondent also failed to follow the due process required under the Employment Act.
Outcome
The Claimant is awarded 1 month's salary in lieu of notice, 12 months' salary as compensation for unlawful termination, and a Certificate of Service.
Orders
- Reinstatement without loss of pay privileges
- Payment of damages for unlawful termination
- Payment of 12 months' salary as compensation
- Issue of Certificate of Service
Remedies
- Reinstatement
- Damages
- 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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