Patrick Ngeke Wandera v Barbara Katsole & another [2017] KEELRC 1674 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1674
- Citation
- [2017] KEELRC 1674 (KLR)
- Decided
- 10 March 2017
Termination was unfair and unlawful, and the Respondents are ordered to pay the Claimant a total sum of Kshs. 161,480.
Facts
Claimant Patrick Ngeke Wandera was employed as a Security Guard by the 1st Respondent, Barbara Katsole, at Plot Number 113 Watamu. The 1st Respondent resided in Germany and left the premises under the 2nd Respondent, Onesmus Chitole Katana. The Claimant was dismissed by the 1st Respondent's agent, Paul Katsole, without notice or hearing.
Issues
- Unfair and unlawful termination
- Compensation for wrongful dismissal
Reasoning
The Court found that the termination was unfair and unlawful due to lack of notice and procedural protections. The parties agreed to a settlement at the Labour Office, but the 1st Respondent's husband disagreed and attempted to corrupt the process.
Outcome
Claimant's claim upheld, Respondents ordered to pay compensation
Orders
- Joint and several payment of Kshs. 161,480 to the Claimant
- Issue of Certificate of Service
- Payment of interest at 14% per annum from 3rd February 2015 till payment in full
- Award of costs to the Claimant
Remedies
- Compensation for wrongful dismissal
- Interest on compensation
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