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Evans Omweno Anunda v Ramboo Colourcane Limited [2018] KEELRC 297 (KLR)

[2018] KEELRC 297 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
297
Citation
[2018] KEELRC 297 (KLR)
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeUnfair DismissalPostureClaimant vs RespondentCoramNzioki wa Makau, Radido Stephen
Claimant is entitled to transport allowance for 3 years, one month notice, compensation for unlawful and unfair dismissal, and costs of the suit.

Facts

Claimant was dismissed on 10th April 2013 without notice for alleged absence from work on 3 occasions. He claimed he was absent on a public holiday and during Easter holidays.

Issues

  • Unfair dismissal
  • Transport allowance
  • Medical allowance
  • House allowance
  • Compensation for unlawful and unfair dismissal

Reasoning

The dismissal was unfair as the Claimant was not heard prior to his dismissal and the procedural requirements under Section 41 of the Employment Act were not adhered to. The Claimant did not prove claims for overtime and medical allowance but was entitled to compensation for transport allowance for 3 years.

Outcome

Judgment for the Claimant

Orders

  • Transport allowance for 3 years - Kshs. 135,000/-
  • One month notice - Kshs. 20,499/-
  • Compensation for the unlawful and unfair dismissal - Kshs. 245,988/-
  • Costs of the suit

Remedies

  • Transport allowance for 3 years
  • One month notice
  • Compensation for unlawful and unfair dismissal
  • Costs of the suit

Authorities cited

Legislation (2)
  • Employment Act
  • Section 41
Cases cited (3)
  • Alphonce Machanga Mwachanya v Operation 680 Limited
  • Teresa Carlo Omondi v Transparency International
  • Dr. Ezekiel Nyangoya Okemwa v Kenya Marine & Fisheries Research Institute
⚠ 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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