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Paul Wachiuri Ndonga v Keroche Breweries Limited [2018] KEELRC 133 (KLR)

[2018] KEELRC 133 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
133
Citation
[2018] KEELRC 133 (KLR)
Decided
18 December 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair Termination of EmploymentPostureClaimant's CaseCoramM. MBARU JUDGE
Holding

Termination of employment was unfair and contrary to Employment Act, 2007

Facts

Claimant was employed as a Technical Engineer by Respondent from January 17, 2012 until May 3, 2018. Respondent terminated employment on May 3, 2018 on the grounds of redundancy. Claimant alleged unfair termination and sought compensation and other dues.

Issues

  1. Unfair termination of employment
  2. Due process
  3. Payment of terminal dues and compensation

Reasoning

Respondent failed to follow due process and provide justifiable reasons for termination. Claimant was not given notice or hearing before termination.

Outcome

Judgment in favor of claimant for compensation, notice pay, leave pay, overtime pay, service pay, and costs.

Orders

  • Claimant awarded compensation of Ksh.250,000
  • Claimant awarded notice pay of Ksh.50,000
  • Claimant awarded leave pay of Ksh.105,000
  • Claimant awarded overtime pay of Ksh.972,308
  • Claimant awarded service pay of Ksh.25,000
  • Claimant awarded costs of the suit

Remedies

  • Claimant issued with a Certificate of Service covering the full term of employment and ending 26 May, 2016

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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