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George Mukeywa Kisaka v National Council for Persons with Disabilities [2017] KEELRC 135 (KLR)

[2017] KEELRC 135 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
135
Citation
[2017] KEELRC 135 (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

TypeUnfair Termination of EmploymentPostureClaimant vs Respondent
The termination was unfair and the Claimant is entitled to three months' salary in compensation for unfair termination of employment and one month's salary in lieu of notice.

Facts

The Claimant, a person living with a hearing and speech disability, was employed as a Data Entry Clerk by the Respondent from November 2014 to March 2015. His employment was terminated on January 31, 2015, due to the end of workload.

Issues

  • Whether the termination of the Claimant's employment was lawful and fair
  • Whether the Claimant is entitled to the remedies sought

Reasoning

The termination was not in accordance with the Employment Act's conditions for redundancy, and the Claimant's employment was not casual.

Outcome

Claimant wins

Orders

  • Award of three months' salary in compensation for unfair termination of employment
  • Award of one month's salary in lieu of notice

Remedies

  • Compensation for unfair termination of employment
  • Salary in lieu of notice

Authorities cited

Legislation (1)
  • Employment Act, 2007
Cases cited (1)
  • Francis Maina Kamau v Lee Construction (2014) eKLR
⚠ 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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