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Nzoka Musyoka v Kel Chemicals Limited [2018] KEELRC 1291 (KLR)

[2018] KEELRC 1291 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1291
Citation
[2018] KEELRC 1291 (KLR)
Decided
9 August 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureEx-parteCoramAbuodha J.
Holding

The termination is declared unfair and the claimant is awarded compensation including one month's salary in lieu of notice, 42 days of leave, service pay for 5 years, and five months' salary for unfair termination.

Facts

Claimant was employed as a guard by Kel Chemicals Limited on January 18, 2008, earning Kshs 432/40 per day. On November 22, 2013, he was dismissed without a reason and without following proper procedures.

Issues

  1. Unfair termination
  2. Non-payment of house allowance
  3. Non-payment of leave pay
  4. Non-payment of service pay

Reasoning

The court found that the termination did not follow the procedure laid in the Employment Act and that the claimant was on a daily wage of Kshs 432/40 per day.

Outcome

Claimant wins

Orders

  • Award of compensation

Remedies

  • Compensation

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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