Wycliffe Wekesa Nandeyoka v Kay Construction Limited [2018] KEELRC 2407 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2407
- Citation
- [2018] KEELRC 2407 (KLR)
Summary at a glance
TypeUnlawful Termination of EmploymentPostureClaimant vs. RespondentCoramLINNET NDOLO, MAUREEN ONYANGO
The termination of the Claimant's employment was substantively and procedurally unfair, and he is entitled to compensation.
Facts
The Claimant was employed by the Respondent and later terminated. He claimed wrongful termination and unpaid salary.
Issues
- Whether the termination of the Claimant's employment was lawful and fair
- Whether the Claimant is entitled to the remedies sought
Reasoning
The termination was not substantively or procedurally fair due to lack of opportunity to defend, and the Respondent failed to discharge its burden under Sections 41 and 43 of the Employment Act, 2007.
Outcome
The Claimant is awarded 12 months' salary in compensation.
Orders
- Award of Kshs. 505,392 in compensation for unlawful and unfair termination of employment
- Interest on the award at court rates from the date of judgment until payment in full
- Claimant to have the costs of the case
Remedies
- Compensation for unlawful and unfair termination of employment
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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