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Anseti Meremo v Tandu Alarm Systems Limited [2017] KEELRC 742 (KLR)

[2017] KEELRC 742 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
742
Citation
[2017] KEELRC 742 (KLR)
Decided
28 July 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaim for terminal dues and compensation for unfair terminationCoramO.N. Makau
Holding

The termination was unfair as the employer failed to prove a valid and fair reason and follow a fair procedure.

Facts

The claimant was employed as a Security Guard, Supervisor, Controller, and Operations Officer by the respondent. He was terminated on 31/8/2015 for misconduct. He was not given a hearing before termination.

Issues

  1. Whether the termination of the claimant’s contract was unfair.
  2. What was his salary at the time of his termination.
  3. Whether the claimant was ever demoted.
  4. Whether the claimant is entitled to the reliefs sought.

Reasoning

The claimant was not given a hearing before termination, and the reason for termination was not proven.

Outcome

Judgment for the claimant in the sum of ksh.245,992 plus costs and interest.

Remedies

  • Compensation for unfair termination in the amount of ksh.236,992.
  • Salary arrears of ksh.9000 for November, December 2013, and January 2014.

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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