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Samson R. Karubara & another v Wrigley Company E.A. Limited [2018] KEELRC 1121 (KLR)

[2018] KEELRC 1121 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1121
Citation
[2018] KEELRC 1121 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureAppeal from original trialCorampresiding judge
Holding

The termination of the claimant's services on 31.12.2010 was unfair.

Facts

The first claimant was employed by the respondent from 15.8.1990 to 31.12.2010. He was terminated on 31.12.2010 for poor performance. The second claimant was a union member and joined the suit.

Issues

  1. Whether the termination was unfair
  2. Whether the reliefs sought should be granted

Reasoning

The respondent failed to prove a valid and fair reason for terminating the claimant's services and did not provide a fair hearing.

Outcome

Judgment for the claimant in the sum of Kshs.1,415,000

Orders

  • Award of 3 months salary in lieu of notice plus 12 months gross salary as compensation for the unfair termination of his contract of service

Remedies

  • 3 months salary in lieu of notice
  • 12 months gross salary as compensation for the unfair termination

Authorities cited

Legislation (1)
  • Employees 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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