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Aggrey Tukunya Aluvanze v Maike Potgieter & another [2018] KEELRC 502 (KLR)

[2018] KEELRC 502 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
502
Citation
[2018] KEELRC 502 (KLR)
Decided
23 November 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair Termination of EmploymentPostureAppeal from an original trial decisionCoramRadido Stephen
Holding

The termination of the Claimant’s employment was unfair and he is awarded 1 month pay in lieu of notice and compensation.

Facts

Claimant was employed as an Office Assistant and rose to the position of Senior Manager. He was terminated on 24 January 2010. He claimed unfair termination and unpaid salary.

Issues

  1. Unfair termination of employment
  2. Unpaid salary
  3. National Social Security Fund contributions

Reasoning

The Court found that the termination was unfair due to the lack of an opportunity to be heard. The Court also found that the Claimant was not entitled to the 60 days accumulated leave and the 3 months’ pay in lieu of notice.

Outcome

Claimant awarded Kshs 237,076 in total.

Orders

  • 1 month pay in lieu of notice Kshs 20,140
  • Compensation Kshs 216,936

Remedies

  • 1 month pay in lieu of notice
  • Compensation

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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