Paul Nyamai Kimanga & another v Pestlab Limited [2017] KEELRC 1547 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1547
- Citation
- [2017] KEELRC 1547 (KLR)
- Decided
- 31 March 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from an original trial decisionCoramO. N. Makau
Holding
The respondent failed to prove on a balance of probability that she followed a fair procedure before dismissing the claimants and that there existed a valid and fair reason for their dismissal.
Facts
Claimants were employed as pest control stewards by the respondent. They were suspended on 2/7/2014 and never called back to work or paid their salaries. They claimed unfair dismissal and sought compensation.
Issues
- Whether the termination of the claimant's contracts of employment was procedurally fair.
- Whether the reason for the termination was fair and just.
- Whether the claimants are entitled to compensation for unfair termination, leave, one month salary in lieu of notice and salary for June 2014.
Reasoning
The respondent did not follow the required procedure as per Section 41 of the Employment Act, and the reasons for dismissal were not proven.
Outcome
Judgment in favor of the claimants, awarding one month salary in lieu of notice and compensation for each claimant.
Orders
- Notice to the first claimant of ksh.12000
- Notice to the second claimant of ksh.11000
- Compensation to the first claimant of ksh.144000
- Compensation to the second claimant of ksh.66000
- Salary for June 2014 to the first claimant of ksh.12000
- Salary for June 2014 to the second claimant of ksh.11000
- Costs and interest to the claimants
Remedies
- One month salary in lieu of notice for each claimant
- Compensation for each claimant
- Salary for June 2014 for each claimant
Authorities cited
Legislation (1)
- Employment Act
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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