Fredrick Kibwana Elabonga v Build Africa Kenya [2016] KEELRC 588 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 588
- Citation
- [2016] KEELRC 588 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trialCoramHON. LADY JUSTICE HELLEN WASILWA
Holding
The termination of the Claimant was unfair and unjustified.
Facts
Claimant was employed as Director of Resources by Respondent. His contract was varied in January 2012, increasing his salary to Kshs. 318,512. He was later unfairly terminated on grounds of alleged negligence.
Issues
- Unfair termination
- Gratuity
- Telephone allowance
- Monthly cushion
- Damages for unfair termination
- Severance pay
- General damages
- Interest
- Certificate of Service
Reasoning
The Court found that the termination was unfair as it did not follow the fair administrative procedures as outlined in the Employment Act and the HR Manual.
Outcome
Claimant is entitled to 12 months salary as compensation for unlawful termination, 1/2 months salary x years worked as service pay, and a Certificate of Service. The Respondent will pay costs.
Orders
- Claimant is entitled to 12 months salary as compensation for unlawful termination
- Claimant is entitled to 1/2 months salary x years worked as service pay
- Claimant is issued with a Certificate of Service
- Respondent pays costs
Remedies
- Compensation for unlawful termination
- Service pay
- Certificate of Service
- Costs
Authorities cited
Legislation (1)
- Employment 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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