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Samuel Mwangi Wachinga v Endarasha Farmers Co-operative Society [2018] KEELRC 390 (KLR)

[2018] KEELRC 390 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
390
Citation
[2018] KEELRC 390 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureClaimant vs RespondentCoramNzioki wa Makau
Holding

The Court found the dismissal to be unfair and ordered the Respondent to pay the Claimant compensation for unfair termination equivalent to 12 months salary and terminal benefits.

Facts

The Claimant was employed as a loader/turnboy by the Respondent from 19th January 2012, earning an initial salary of Kshs. 6,000/- which increased to Kshs. 9,000/- at the time of dismissal on 4th April 2017. He was accused of falsifying milk weighing records and was dismissed.

Issues

  1. Unfair dismissal
  2. Payment of compensation for unfair termination
  3. Payment of terminal benefits
  4. Declaration of unfair dismissal

Reasoning

The Court found that the dismissal was unfair due to lack of proper procedures and the absence of a formal hearing.

Outcome

In favor of the Claimant

Orders

  • Payment of compensation for unfair termination

Remedies

  • Compensation for unfair termination
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.
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