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Idii Abdi Baruti v Abdi Nuur Miredege [2018] KEELRC 1963 (KLR)

[2018] KEELRC 1963 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1963
Citation
[2018] KEELRC 1963 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair Termination of Employment and Breach of ContractPostureClaimant sued Respondent for unfair termination of employment and breach of contract.CoramRadido Stephen
Holding

The Court finds and holds that the Claimant failed to discharge the burden placed upon him to show unfair termination of employment on account of redundancy and/or breach of contract, save for leave.

Facts

Claimant alleged unfair termination of employment and breach of contract, while Respondent denied these allegations. Claimant testified that he was verbally terminated on 14 May 2010, but Respondent claimed he absconded on 2 May 2010.

Issues

  1. Whether Claimant absconded or had his employment unfairly terminated
  2. Whether there was breach of contract and Appropriate remedies.

Reasoning

The Court notes that both parties were incoherent in their testimonies. The Claimant failed to provide evidence to support his case of unfair termination and breach of contract.

Outcome

The Claimant is awarded Kshs 12,600/- on account of leave. No order on costs.

Remedies

  • Pay in lieu of leave

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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