Jacob Juma Makokha v Radar Security (K) Limited [2018] KEELRC 2577 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2577
- Citation
- [2018] KEELRC 2577 (KLR)
- Decided
- 26 September 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaimant vs RespondentCoramIL
Holding
The termination was deemed unfair due to lack of notice, hearing, and valid reasons.
Facts
Claimant was orally employed as a Security Guard by the Respondent on January 1, 2013, earning Kshs.13,000 per month. He was terminated on August 8, 2016, for alleged theft of scrap metal. The claimant denied the allegations and sought compensation.
Issues
- Unfair termination of employment
- Proof of reason for termination
Reasoning
The Employment Act requires the employer to prove the reason for termination. The claimant denied the reasons given and the respondent failed to discharge its obligations.
Outcome
Claimant's claims for notice pay, compensation, house allowances, service pay, overtime, and leave were upheld.
Remedies
- Notice pay inclusive of house allowances
- Compensation
- House allowances unpaid 2013 to 2016
- Service pay
- Overtime
- Leave
Authorities cited
Legislation (1)
- Employment Act, 2007
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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