Peter Matata v Midland Energy Limited [2017] KEELRC 1216 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1216
- Citation
- [2017] KEELRC 1216 (KLR)
- Decided
- 31 May 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeUnfair and Unlawful TerminationPostureClaimant sought damages for unfair and unlawful termination, Respondent denied the grounds of termination and prayed for the claim to be dismissed with costs.CoramHON. LADY JUSTICE HELLEN WASILWA
Holding
The termination was unfair and unjustified.
Facts
Claimant was employed by Respondent to distribute gas products. He was dismissed on the grounds of running a parallel business causing a conflict of interest. He sought damages for unfair and unlawful termination.
Issues
- whether termination was unfair
- whether procedure followed was fair
Reasoning
The court found that the reason for dismissal was imagined or based on suspicion and not a real reason. The process envisaged under Section 41 of the Employment Act was not followed.
Outcome
Claimant is entitled to 1 months' salary in lieu of notice, 1 year leave not taken, 8 days unpaid salary, 12 months' salary as damages for unlawful termination, plus costs and interest.
Remedies
- 1 months' salary in lieu of notice
- 1 year leave not taken
- 8 days unpaid salary
- 12 months' salary as damages for unlawful termination
Authorities cited
Legislation (1)
- Employment Act 2007
Cases cited (2)
- Walter Ogal Anuro vs. Teachers Service commission 2013 eKLR
- Elias Benedict Mahaga vs. Northern Nomadic Disabled Persons Organization (2016) eKLR
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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