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William Tabu v A & A Hauliers Ltd [2017] KEELRC 1013 (KLR)

[2017] KEELRC 1013 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1013
Citation
[2017] KEELRC 1013 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a previous judgmentCoramO. N. Makau
Holding

The claimant's contract of service was unfairly terminated without payment of his dues, and the court orders compensation and arrears of salary.

Facts

The claimant, William Tabu, alleges he was employed by the respondent, A & A Hauliers Ltd, as a Turnboy from 24/7/2004, earning varying amounts until 2015. He claims unfair termination and underpayment. The respondent denies employment and claims the claimant stole lanterns.

Issues

  1. Whether the claimant was employed by the respondent.
  2. If employed, whether the claimant was unfairly dismissed or deserted his employment.
  3. Whether the relief sought should be granted.

Reasoning

The court found the claimant was an employee under the Employment Act, and the termination was unfair.

Outcome

Judgment for the claimant in the sum of ksh.286,682.25 plus costs and interest.

Orders

  • Judgment for the claimant in the sum of ksh.286,682.25 plus costs and interest.
  • Certificate of service for the claimant.

Remedies

  • Compensation for the claimant.
  • Arrears of salary for the claimant.

Authorities cited

Legislation (2)
  • Employment Act
  • Wage Order
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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