Chikokopha Tsumas Ruwa v Smoky Hill Limited [2018] KEELRC 357 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 357
- Citation
- [2018] KEELRC 357 (KLR)
- Decided
- 29 November 2018
Summary at a glance
TypeUnfair DismissalPostureClaimant's AppealCoramJames Rika
Termination was declared unfair, and the Respondent was ordered to pay compensation and annual leave pay.
Facts
The Claimant was employed as a Machine Operator by the Respondent from May 2005. He was paid a daily wage initially and then a monthly salary from May 2010. He was terminated on 2nd March 2015 due to illness and the Respondent's claim that someone else had taken over his job. The Claimant sought compensation for unfair termination and annual leave.
Issues
- Unfair termination
- Annual leave pay
Reasoning
The Court found the termination unfair due to the Claimant's absence without leave and the lack of evidence for annual leave pay.
Outcome
Claimant's appeal upheld
Orders
- Compensation of Kshs. 91,000 for unfair termination
- Annual leave pay of Kshs. 45,230
- Certificate of Service to issue
- Costs to the Claimant
- Interest granted at 14% per annum
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