Jane Lilian Ambetsa v Lavington Security [2018] KEELRC 313 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 313
- Citation
- [2018] KEELRC 313 (KLR)
Summary at a glance
The dismissal was wrongful and unfair, and the Claimant is entitled to compensation equivalent to six months' salary and other benefits.
Facts
Jane Lilian Ambetsa was dismissed by Lavington Security on May 31, 2012, for seeking permission to have a painful tooth extracted. She claimed compensation for unfair dismissal, underpayment of wages, overtime, payment for public holidays, payment in lieu of leave days, failure to remit NSSF, and service gratuity.
Issues
- Whether the dismissal was for a valid reason and in terms of a fair procedure.
- Whether the Claimant has proved sufficiently the various terminal benefits claimed.
Reasoning
The court found the dismissal invalid and unfair, citing lack of a fair procedure and inhumane treatment. The Claimant was entitled to compensation and other benefits.
Outcome
Judgment in favor of the Claimant
Orders
- Compensation of Kshs.45,000 for six months' salary.
- Annual leave for three years worth Kshs.22,500.
- Gratuity of Kshs.22,500.
- Overtime pay of Kshs.159,008.
- Underpayment of wages of Kshs.3,498.
- Payment for public holidays of Kshs.6,696.
⚠ 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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