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Bramwel Lennox Endovo v Nu-Plan Engineering & Design Limited [2016] KEELRC 645 (KLR)

[2016] KEELRC 645 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
645
Citation
[2016] KEELRC 645 (KLR)
Decided
19 September 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnlawful and unfair termination of employmentPostureClaimant vs RespondentCoramHON. LADY JUSTICE HELLEN WASILWA
Holding

The termination of the Claimant was unfair and unjustified due to lack of valid reason and due process.

Facts

The Claimant was initially employed by Magadi Soda Company and later transferred to Nu-Plan Engineering & Design Limited. He was terminated on false and malicious allegations of gross misconduct. The Respondent failed to follow the Employment Act regarding termination of employment.

Issues

  1. Unlawful termination of employment
  2. Fair procedure in termination

Reasoning

The Court found that the termination was unfair as it lacked a valid reason and due process, contrary to the Employment Act.

Outcome

Awarded the Claimant 1 months salary in lieu of notice, 8 days annual leave, 12 months salary as damages for unlawful termination, and a certificate of service.

Orders

  • Award of damages and notice pay
  • Certificate of service

Remedies

  • Damages for unlawful termination
  • Notice pay
  • Certificate of service

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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