Edwin Odhiambo Sindala v Samba Enterprises Limited & another [2018] KEELRC 2127 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2127
- Citation
- [2018] KEELRC 2127 (KLR)
- Decided
- 6 April 2018
Summary at a glance
The dismissal was unlawful and unfair, and the Claimant is entitled to compensation equivalent to four months' salary.
Facts
The Claimant was employed as a stock controller by the Respondents. He was suspended indefinitely on September 25, 2012, for underperformance. The Respondents did not recall him until after the suit was filed. The Claimant was not registered with NSSF and no contributions were made on his behalf.
Issues
- Whether the dismissal was for a valid reason and in terms of a fair procedure.
- Whether the Claimant is entitled to the reliefs sought.
Reasoning
The Respondents failed to provide a valid reason for the indefinite suspension and did not follow a fair procedure. The court found the dismissal to be unlawful and unfair, and awarded compensation.
Outcome
The Claimant is awarded compensation equivalent to four months' salary.
Orders
- The Claimant is awarded Kshs.15,000 for unpaid salary for September 2012.
- The Claimant is awarded Kshs.42,000 in lieu of unpaid leave.
- The Claimant is awarded Kshs.22,000 for double payment during public holidays worked.
- The Claimant is awarded Kshs.30,000 for service pay.
- The Claimant is awarded compensation equivalent to four months' salary.
⚠ 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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