Jonesmas Thoya Mukamba v Crest Security Services Limited [2016] KEELRC 267 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 267
- Citation
- [2016] KEELRC 267 (KLR)
The termination of the Claimant's employment by the Respondent was unfair and unjust.
Facts
The Claimant, Jonesmas Thoya Mukamba, was employed by the Respondent, Crest Security Services Limited, as a Night Guard under a fixed term contract. The contract was terminated prematurely on 7.8.2015 for gross misconduct. The Claimant denied the allegations and sought compensation and terminal dues.
Issues
- Whether the premature termination of the Claimant's contract was unfair.
- Whether the reliefs sought by the Claimant should be granted.
Reasoning
The Court found that the Respondent did not prove valid and fair procedure, and thus the termination was unfair. The Court awarded one month salary in lieu of notice, eight months' salary as compensation for the unfair termination, and a sum of Kshs. 290,151.
Outcome
Judgment entered for the Claimant, declaring his termination unfair and awarding him the sum of Kshs. 290,151 plus costs and interest.
Orders
- Award of one month salary in lieu of notice
- Award of eight months' salary as compensation for the unfair termination
- Judgment declaring the termination unfair
Remedies
- One month salary in lieu of notice
- Eight months' salary as compensation for the unfair termination
- Judgment declaring the termination unfair
Authorities cited
Legislation (3)
- Employment Act
- Wage Order for May 2015
- Regulation 17 Regulation of Wages (protective security services) Order
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