Bernard Langat v Bob Morgan Services Limited [2018] KEELRC 171 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 171
- Citation
- [2018] KEELRC 171 (KLR)
- Decided
- 17 December 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnlawful TerminationPostureClaimant vs RespondentCoramHON. LADY JUSTICE HELLEN WASILWA
Holding
The dismissal was unfair and unjustified due to the Claimant's absence and failure to communicate the reason for his absence.
Facts
Claimant was dismissed as a Security Guard on October 16, 2014, for alleged desertion. He claimed he was ill and had been given permission to seek treatment.
Issues
- Whether there were valid reasons to warrant dismissal
- Whether the Claimant was accorded due process before dismissal
- Whether the Claimant is entitled to the remedies sought
Reasoning
The Respondent had a valid reason to dismiss the Claimant for absenteeism, but failed to follow fair disciplinary procedures.
Outcome
Claimant awarded 6 months' salary as compensation for unfair termination, 1 month's salary in lieu of notice, NSSF and NHIF dues, and May 2014 to October 2014 salary.
Orders
- Claimant awarded 191,740/= in total
Remedies
- Claimant awarded 191,740/= in total
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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