SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Stephen Karisa Kirao v Kilifi Plantations Limited [2018] KEELRC 305 (KLR)

[2018] KEELRC 305 (KLR) Employment & Labour Relations Court
Read PDF
Court
Employment & Labour Relations Court
Case number
305
Citation
[2018] KEELRC 305 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnlawful Termination and CompensationPostureClaimant vs RespondentCoramLINNET NDOLO
Holding

The Court finds the Respondent terminated the Claimant unlawfully and without justifiable cause.

Facts

The Claimant was employed as a tractor turn boy by the Respondent from 2009. He was terminated on 19th May 2016 without notice. He claimed compensation for unlawful termination and other benefits.

Issues

  1. Whether the Claimant deserted duty or was unlawfully terminated
  2. Whether the Claimant is entitled to the remedies sought

Reasoning

The Respondent failed to demonstrate efforts to reach the Claimant, and the Court agrees with the Claimant that the termination was unlawful.

Outcome

The Claimant is awarded 10 months' salary in compensation, 1 month's salary in lieu of notice, and leave pay for 6 years.

Orders

  • The Respondent pays the Claimant 10 months' salary in compensation
  • The Respondent pays the Claimant 1 month's salary in lieu of notice
  • The Respondent pays the Claimant leave pay for 6 years

Remedies

  • Compensation for 10 months' salary
  • Salary in lieu of notice
  • Leave pay for 6 years

Authorities cited

Cases cited (1)
  • Seablo v Belgravia Hotel (1997) 6 BLLR 829 (CCMA)
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.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case