Brian Olunya Ambeta v Al- Khatri Transporters [2016] KEELRC 284 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 284
- Citation
- [2016] KEELRC 284 (KLR)
- Decided
- 25 November 2016
Summary at a glance
TypeUnfair TerminationPostureAppeal from a decision to dismiss the claimant's employment contractCoramO.N. MAKAU
The court finds that the termination was unfair and unjust.
Facts
The claimant was employed as a Heavy Commercial Driver by the respondent on 8.8.2012 and was dismissed on 27.4.2015 without notice or fair hearing for requesting a turn boy to assist him in the lorry.
Issues
- Whether the termination of the claimant's employment was unfair.
- Whether the reliefs sought should issue.
Reasoning
The respondent failed to prove a valid and fair reason for the termination and did not follow a fair procedure.
Outcome
Judgment entered for the claimant, awarding him the sum of Kshs. 157,385 plus costs and interest, and issuing a Certificate of Service.
Orders
- Awarding the claimant the sum of Kshs. 157,385 plus costs and interest.
- Issuing a Certificate of Service.
Remedies
- Damages amounting to Kshs. 675,242.20 made up of one month salary in lieu of notice, twelve months salary as compensation for unfair termination, underpaid salary accrued leave and service pay.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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