Kenneth Yimbo Ndedda v Jimmy Kimondo & 3 others [2018] KEELRC 2281 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2281
- Citation
- [2018] KEELRC 2281 (KLR)
- Decided
- 16 February 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant's Suit Dismissed, Final Judgment IssuedCoramABUODHA J. N.
Holding
The termination of the claimant's services was unfair.
Facts
Claimant Kenneth Yimbo Ndedda was employed as a Greenkeeper at Karen Country Club from January 1, 2014, with a salary of Kshs 140,000 initially and later increased to Kshs 154,000. He was terminated on January 16, 2015, for poor performance and insubordination.
Issues
- Fairness of termination
- Reasons for termination
- Overtime and leave compensation
Reasoning
The court found that the claimant was not given a reasonable opportunity to defend himself against the allegations for which his dismissal was being considered.
Outcome
Claimant awarded three months salary in lieu of notice, salary up to January 16, 2015, leave earned but not utilized, and 10 months salary as compensation for unfair termination.
Orders
- Claimant's suit against 1st, 2nd, and 3rd respondents dismissed as the 4th respondent is a body corporate capable of suing and being sued in its own name.
Remedies
- Three months salary in lieu of notice
- Salary up to January 16, 2015
- Leave earned but not utilized for three years
- 10 months salary as compensation 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.
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