SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Patrick Afwande Maloba v Metal Equipment Engineering Company Limited [2018] KEELRC 2117 (KLR)

[2018] KEELRC 2117 (KLR) Employment & Labour Relations Court
Read PDF
Court
Employment & Labour Relations Court
Case number
2117
Citation
[2018] KEELRC 2117 (KLR)
Decided
13 April 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from a decision of the Employment and Labour Relations CourtCoramNderi Nduma
Holding

The court finds that the claimant was employed on permanent terms from August 2012 to July 2013.

Facts

The claimant was employed by the respondent as a welder on permanent terms from February 2012, and was dismissed on July 31, 2013. The respondent claimed the claimant was employed on a month-to-month basis.

Issues

  1. Date of employment
  2. Nature of employment
  3. Remedies sought

Reasoning

The court considered the pleadings, evidence, and submissions. The claimant's testimony and the respondent's monthly contracts were considered. The court found the claimant's employment to be permanent.

Outcome

The claimant is entitled to one month's salary in lieu of notice, leave allowance, severance pay, service gratuity, and one year's salary for unfair termination.

Remedies

  • One month's salary in lieu of notice
  • Leave allowance
  • Severance pay
  • Service gratuity
  • One year salary for unfair termination

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.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case