Bernard Onyango Mukanga v Infinity East Africa Company Limited [2017] KEELRC 483 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 483
- Citation
- [2017] KEELRC 483 (KLR)
- Decided
- 10 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnlawful Termination of EmploymentPostureClaimant's claim for compensation and other remedies against RespondentCoramLINNET NDOLO
Holding
The dismissal was unlawful and unfair, and the Claimant is entitled to compensation and notice pay.
Facts
Claimant was employed as an Electrician from February 2011 to April 2013. He was dismissed on April 22, 2013, for theft of electric cables. He claimed compensation, notice pay, and leave pay.
Issues
- Whether the dismissal was lawful and fair
- Whether the Claimant is entitled to the remedies sought
- Whether the Respondent has a counterclaim against the Claimant
Reasoning
The Court found the Respondent failed to establish a valid reason for dismissal and did not follow the fairness requirement test. The Claimant's length of service and Respondent's conduct were considered.
Outcome
Claimant wins, awarded compensation and notice pay.
Orders
- 6 months' salary in compensation
- 1 month's salary in lieu of notice
- Salary for 22 days in April 2013
- Leave pay for 2 years
Remedies
- Compensation
- Notice pay
- Leave pay
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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