Philip Kebeney Ruttoh v EMROK Tea Factory (EPZ) Limited [2018] KEELRC 2088 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2088
- Citation
- [2018] KEELRC 2088 (KLR)
- Decided
- 3 May 2018
Summary at a glance
TypeUnfair TerminationPostureClaimant vs RespondentCoramHon. Lady Justice Maureen Onyango
The termination was unfair, and the claimant is entitled to one month's salary in lieu of notice, 33 days' leave, and 105,000/= in compensation.
Facts
Claimant was employed as Assistant Factory Manager by Respondent from March 1, 2013, until May 19, 2015. He was terminated on May 19, 2015, without a disciplinary hearing or warning, and without being given notice or an opportunity to defend himself.
Issues
- Whether the termination was unfair
- Whether the claimant is entitled to the prayers sought
Reasoning
The termination was unfair as it did not comply with the mandatory terms of Sections 41 and 43 of the Employment Act, and the claimant was not given an opportunity to respond to the charges.
Outcome
Claimant awarded Kshs.315,000/=
Orders
- One month's salary in lieu of notice
- 33 days' leave
- 3 months' compensation
Remedies
- Notice or pay in lieu thereof
- Annual leave
- House allowance
- Compensation
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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