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Kenya Shoe & Leather Workers Union v H. R. Strategic Partners Ltd [2018] KEELRC 2272 (KLR)

[2018] KEELRC 2272 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2272
Citation
[2018] KEELRC 2272 (KLR)
Decided
9 February 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a Labour Relations Court decisionCoramAbuodha J. N.
Holding

The court finds the dismissal to be wrongful and unfair, and orders the respondent to pay compensation and costs.

Facts

The claimant union filed a grievance against the respondent company regarding the dismissal of Mr. Peter Onyango, a machine attendant. The respondent claimed Mr. Onyango was dismissed for deserting his work station and poor work performance, but the claimant disputed these claims.

Issues

  1. Whether the dismissal of Mr. Onyango was wrongful and unfair
  2. Whether the respondent had valid reasons for dismissing Mr. Onyango

Reasoning

The court determined that the respondent did not provide valid reasons for dismissing Mr. Onyango and failed to document warnings, leading to an unfair termination.

Outcome

The respondent is ordered to pay compensation and costs.

Orders

  • One month's salary in lieu of notice
  • Four months salary as compensation for unfair termination
  • Costs of the claim
  • Issue a certificate of service

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.
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