Shadrack Mwaniki Ngaru v Aegis Construction Limited [2018] KEELRC 532 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 532
- Citation
- [2018] KEELRC 532 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant's case was uncontested, Respondent did not file a defence.CoramNzioki wa Makau
Holding
The court finds in favor of the Claimant and orders compensation for salary in lieu of notice, leave pay, and 8 months' salary compensation.
Facts
Claimant was employed as a puncture repairer by Respondent from August 4, 2014, and was dismissed on July 1, 2017. The dismissal was not substantiated by proof of misconduct and no reasonable notice was given.
Issues
- Unlawful termination
- Compensation for unlawful termination
- Salary arrears
- Unpaid leave
Reasoning
The dismissal was not substantiated by proof of misconduct and no reasonable notice was given. The court found the Claimant's testimony and evidence on a balance of probabilities.
Outcome
In favor of the Claimant
Orders
- Salary in lieu of notice Kshs. 20,000/-
- Leave pay for 2 years Kshs. 40,000/-
- 8 months salary compensation Kshs. 160,000/-
- Costs of the suit
- Interest on the sums in a), b), c) above at court rates from date of judgment till payment in full
- Statutory deductions in terms of Section 49(1)(c) of the Employment Act
- Certificate of service in terms of Section 50 of the Employment Act
Authorities cited
Legislation (5)
- Employment Act
- Section 41
- Section 44
- Section 49
- Section 50
Cases cited (1)
- Dan Owuor Ongado v Lake Basin Development Authority [2018] eKLR
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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