John Rioba Maugo v Riley Falcon Security Services Limited [2016] KEELRC 419 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 419
- Citation
- [2016] KEELRC 419 (KLR)
- Decided
- 8 September 2016
Summary at a glance
TypeEmployment DisputePostureAppeal from the original trialCoramHon. Lady Justice Maureen Onyango
The Court finds that the Claimant's employment commenced on November 17, 2010, and the dismissal on April 24, 2014, was not fair.
Facts
The Claimant, John Rioba Maugo, was employed by the Respondent, Riley Falcon Security Services Limited, as a security guard from May 18, 2006. He was dismissed on September 16, 2010, for failing to resume duty after taking annual leave. He was re-engaged on November 20, 2010, and dismissed again on April 24, 2014, for being drunk on duty. The Claimant seeks various remedies including pay in lieu of notice, accrued leave days, damages for wrongful dismissal, and underpayments.
Issues
- Date of commencement of the Claimant's employment
- Fairness of the dismissal
- Claimant's entitlement to remedies
Reasoning
The letter of re-engagement dated November 20, 2010, clearly indicates that the Claimant was re-engaged on that date, thus the employment commenced on that day.
Outcome
The appeal is dismissed.
Remedies
- One month's pay in lieu of notice
- Accrued leave days
- Damages for wrongful dismissal
- Severance pay
- Underpayments
Authorities cited
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