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Urbanus Muli Makenzi v DPL Festive Limited [2017] KEELRC 1049 (KLR)

[2017] KEELRC 1049 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1049
Citation
[2017] KEELRC 1049 (KLR)
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeEmployment DisputePostureClaimant's claim against RespondentCoramLINNET NDOLO
Claimant's claim for unlawful termination and notice pay is dismissed. Leave pay and service pay are allowed.

Facts

Claimant Urbanus Muli Makenzi was employed as a bread packer by Respondent DPL Festive Limited on January 3, 2008. He was terminated on June 14, 2013, for alleged desertion of duty. Claimant claims unpaid salary, notice pay, and various other benefits.

Issues

  • Whether the Claimant deserted duty or was unlawfully terminated
  • Whether the Claimant is entitled to the remedies sought

Reasoning

Claimant absented himself from work for three days without leave, which was a ground for summary dismissal. The claim for unlawful termination is dismissed. Leave pay and service pay are allowed.

Outcome

Claimant's claim for unlawful termination and notice pay is dismissed. Leave pay and service pay are allowed.

Orders

  • Leave pay for 1 year (13,856/30x21) = 9,700
  • Service pay for 1 year (13,856/30x15) = 6,928
  • Total = 16,628

Remedies

  • Leave pay for 1 year
  • Service pay for 1 year
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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