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Charles Kyalo Mutua v Threeways Shipping Services [K] Limited [2016] KEELRC 811 (KLR)

[2016] KEELRC 811 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
811
Citation
[2016] KEELRC 811 (KLR)
Decided
29 July 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair and Unlawful TerminationPostureClaimant's AppealCoramJames Rika
Holding

Termination was unfair and unlawful. Claimant is awarded notice pay, 19 days' salary, and 10 months' compensation for unfair termination.

Facts

Claimant was employed as a Supervisor by Respondent from 2006. Theft allegations led to his suspension and termination on November 19, 2013. He filed a claim seeking declaration of unfair termination and various monetary damages.

Issues

  1. Unfair and unlawful termination
  2. Termination pay and compensation

Reasoning

The court found that the termination was not validly based on the reasons given by the Respondent. The Claimant was not given a proper hearing or a letter of termination. The court declared termination unfair and awarded compensation.

Outcome

Claimant's appeal upheld

Orders

  • Notice pay at Kshs. 56,896
  • 19 days' salary at Kshs. 41,577
  • 10 months' compensation for unfair termination at Kshs. 568,960

Remedies

  • Compensatory award for unfair termination

Authorities cited

Legislation (2)
  • Employment Act 2007
  • Employment and Labour Relations Court Act 2011
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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