Barrack Otieno Ombima v Farouk & 2 others [2016] KEELRC 377 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 377
- Citation
- [2016] KEELRC 377 (KLR)
- Decided
- 14 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnlawful and Unfair DismissalPostureClaimant vs RespondentsCoramHON. LADY JUSTICE HELLEN WASILWA
Holding
The termination of the Claimant was found to be unfair and unjustified, and the case is converted to a normal termination.
Facts
Claimant was dismissed as a Commercial Truck Driver on September 1, 2014, without a proper hearing and without receiving his terminal dues.
Issues
- Unlawful and Unfair Dismissal
- Due Process
- Remedies
Reasoning
The Court found that the employer failed to prove valid reasons for dismissal and did not provide due process to the Claimant.
Outcome
Claimant is entitled to damages, notice pay, leave not taken, salary for 5 days worked, service pay, and costs.
Orders
- Convert termination to a normal termination
Remedies
- 12 months' salary as damages
- 1 months' salary as notice
- Leave not taken - 1 months' salary
- Salary for 5 days worked in October 2014
- Service pay
- Certificate of Service
- Respondent to pay costs
Authorities cited
Legislation (2)
- Employment Act 2007
- Industrial Relations 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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