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Samuel Onyango Olum v Kenya Paper Mills Limited & another [2017] KEELRC 140 (KLR)

[2017] KEELRC 140 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
140
Citation
[2017] KEELRC 140 (KLR)
Decided
6 December 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeWrongful DismissalPostureAppeal from original trialCoramHON. LADY JUSTICE HELLEN WASILWA
Holding

The Claimant was unfairly and unlawfully dismissed and awarded compensation including 1 month salary in lieu of notice, unpaid wages, salary in lieu of leave, and compensation for unlawful termination.

Facts

Claimant was employed as a Machine Operator by Respondents from May 2009. He was dismissed on August 31, 2011, for unknown reasons. He claimed wrongful dismissal and non-payment of terminal dues.

Issues

  1. Whether there were valid reasons to warrant dismissal of the Claimant.
  2. Whether due process was followed before his dismissal.
  3. Whether Claimant is entitled to remedies sought.

Reasoning

The court found that the Claimant was not dismissed for valid reasons and that due process was not followed. The court awarded compensation totaling 227,919/=.

Outcome

Claimant's claim upheld

Orders

  • Award of compensation including 1 month salary in lieu of notice, unpaid wages, salary in lieu of leave, and compensation for unlawful termination.

Remedies

  • Compensation including 1 month salary in lieu of notice, unpaid wages, salary in lieu of leave, and compensation for unlawful termination.

Authorities cited

Legislation (1)
  • Employment Act 2007
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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