Patrick Mayamba & 49 others v Afro Plastics Kenya Limited [2018] KEELRC 1664 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1664
- Citation
- [2018] KEELRC 1664 (KLR)
- Decided
- 29 June 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramAbuodha J.
Holding
The claimants' services were unfairly terminated and awarded compensation accordingly.
Facts
Claimants were employees of Afro Plastics Kenya Limited who were dismissed for various reasons including sleeping during night shifts. The claimants alleged wrongful dismissal and sought compensation.
Issues
- Whether the claimants were lawfully dismissed
- Whether the claimants were entitled to compensation for wrongful dismissal
Reasoning
The court found that the claimants were dismissed for sleeping during night shifts, which affected production. The employer failed to provide evidence of production levels and did not follow the required disciplinary process.
Outcome
Claimants' services were found to be unfairly terminated and awarded compensation.
Orders
- One month's salary in lieu of notice
- Service gratuity at the rate of 15 days salary for each year of service
- Eight months salary as compensation for unfair termination
- Costs of the suit
Remedies
- Compensation for wrongful dismissal
- Notice period
- Service gratuity
- Costs of the suit
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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