Samuel Kigima Kamau v Invesco Assurance Company Limited [2018] KEELRC 296 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 296
- Citation
- [2018] KEELRC 296 (KLR)
- Decided
- 30 November 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeWrongful DismissalPostureAppeal from the original trial
Holding
The court found that the dismissal was unfair and that the employer did not comply with the mandatory procedures for fair hearing provided in Section 41 of the Employment Act.
Facts
The claimant, Samuel Kigima Kamau, was employed by the Respondent, Invesco Assurance Company Limited, as a Manager at their Naivasha Branch. He was dismissed on 28 February 2013 without proper notice and without a fair hearing.
Issues
- Whether the dismissal was fair
- Whether the claimant is entitled to the orders sought
Reasoning
The court ruled that the employer did not provide fair procedure as required by Section 41 of the Employment Act, and did not inform the claimant of the reasons for his dismissal.
Outcome
The claimant's dismissal was found to be unfair.
Orders
- A declaration that the claimant was wrongfully and unfairly dismissed from his employment
Remedies
- A declaration that the claimant was entitled to the orders sought
Authorities cited
Legislation (1)
- Employment Act
Cases cited (2)
- Donald Odeke v Fidelity Security Limited
- Mary Chemweno Kiptui v Kenya Pipeline Company Limited
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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