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Jairus Maduguda Ojinda v Security Sevens Limited [2018] KEELRC 352 (KLR)

[2018] KEELRC 352 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
352
Citation
[2018] KEELRC 352 (KLR)
Decided
14 December 2018
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 TerminationPostureClaimant vs RespondentCoramBYRAM ONGAYA
The termination was not unfair, and the claimant was not entitled to accrued leave days or other compensation.

Facts

Claimant was employed as a security guard by respondent from December 12, 2010. He was dismissed on November 11, 2014, and claimed unfair termination. The claimant testified he was dismissed due to lack of work, while the respondent's witness claimed he absconded duty and refused redeployment.

Issues

  • Whether the termination of the claimant's employment was unfair.
  • Whether the claimant was entitled to accrued leave days and other compensation.

Reasoning

The Court found that the claimant resigned from employment voluntarily on October 11, 2014, and was not trustworthy or coherent in his testimony. The claimant's absences and refusal to be redeployed were not justified.

Outcome

The respondent will pay the claimant Kshs. 30,550.00 by December 31, 2018, with interest from the date of filing the suit.

Orders

  • Payment of Kshs. 30,550.00 by respondent to claimant by December 31, 2018.
  • Each party to bear their own costs of the suit.

Remedies

  • Accrued leave days of Kshs. 30,550.00 awarded to claimant.
⚠ 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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