Joseph Titus Akong’o v Magnum Engineers & General Contractors Limited [2018] KEELRC 428 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 428
- Citation
- [2018] KEELRC 428 (KLR)
- Decided
- 3 December 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent's Motion to Dismiss ClaimCoramD. K. N. Marete
Holding
The termination was found to be wrongful, unfair, and unlawful.
Facts
Claimant Joseph Titus Akong'o was employed by respondent Magnum Engineers & General Contractors Limited from January 4, 2011 to May 14, 2014. He was terminated on May 14, 2014 without notice and without severance pay.
Issues
- Whether the termination was wrongful, unfair, and unlawful
- Whether the claimant is entitled to the relief sought
- Who bears the costs of the claim
Reasoning
The court found that the claimant had a three-year service period and that the termination was not based on redundancy as claimed by the respondent. The court also noted that the claimant was not served with notice and was not given an audience to explain the reasons for termination.
Outcome
Claimant's claim for wrongful termination and unpaid terminal benefits is upheld.
Orders
- The respondent is ordered to pay the claimant one month's salary in lieu of notice, leave allowance, service gratuity, and salary for the remaining period of the contract
Remedies
- One month's salary in lieu of notice
- Leave allowance for three years
- Service gratuity for three years
- Salary for the remaining period of the contract
Authorities cited
Legislation (1)
- Employment Act, 2007
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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