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Justine Aburi Okemwa v Sheikh Zayed Children Welfare Centre [2017] KEELRC 992 (KLR)

[2017] KEELRC 992 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
992
Citation
[2017] KEELRC 992 (KLR)
Decided
16 June 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from original trialCoramONESMUS MAKAU
Holding

The court finds that the termination of the claimant's employment was wrongful and unfair, and awards him compensation and other benefits.

Facts

Claimant Justine Aburi Okemwa was employed as a general worker by the respondent Sheikh Zayed Children Welfare Centre from January 2013 to July 2014. He was dismissed on July 31, 2014 without a fair hearing.

Issues

  1. Whether the termination of the claimant's employment was wrongful and unfair.
  2. Whether the claimant is entitled to compensation and other benefits.

Reasoning

The court held that the employer failed to prove that the termination was based on a valid and fair reason and that the claimant was not given a fair hearing as required by the Employment Act.

Outcome

Judgment entered for the claimant for the sum of Ksh 151,461.55 less paid Ksh 1,806, plus costs and interest.

Orders

  • Award of compensation for wrongful termination.
  • Award of leave days pay.
  • Award of over-time pay.
  • Order for pension contribution to be paid to the claimant.

Remedies

  • Compensation for wrongful termination.
  • Leave days pay.
  • Over-time pay.
  • Pension contribution.

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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