Edwin Maurice Barazat v Samani Construction Limited [2016] KEELRC 553 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 553
- Citation
- [2016] KEELRC 553 (KLR)
- Decided
- 24 August 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from a Labour Relations Court decisionCoramNzioki wa Makau, Hellen Wasilwa
Holding
The termination was unfair and unreasonable
Facts
The Claimant was employed by the Respondent as a carpenter from January 2005. He was terminated twice, first in December 2007 and again in July 2014 after sustaining injuries. The Claimant alleged unfair termination and sought compensation.
Issues
- Whether the termination was unfair
- Whether the termination was orchestrated by the Claimant's persistent demand for compensation
Reasoning
The Court found that the termination was unfair as it lacked notice and a fair hearing, and was orchestrated by the Claimant's persistent demand for compensation.
Outcome
Claimant's case for unfair termination was upheld
Orders
- Declaration that the termination was unfair
- Maximum compensation for unfair termination of Kshs. 213,000/-
Authorities cited
Legislation (2)
- Employment Act
- Work Injury Benefits Act
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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