Peter Wambua Mwinzi v Kibuwa Enterprises Limited [2018] KEELRC 618 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 618
- Citation
- [2018] KEELRC 618 (KLR)
- Decided
- 16 November 2018
The termination was not unfair and the claimant is not entitled to the remedies as prayed for.
Facts
Claimant was employed as a truck driver by Respondent. He was injured in an accident on December 16, 2010 and his troubles started when he demanded compensation. On August 23, 2011, he arrived from a trip in Burundi and was dismissed on September 29, 2011.
Issues
- Whether the termination of the claimant's employment was unfair.
- Whether the claimant is entitled to the remedies as prayed for.
Reasoning
The respondent had valid reasons to dismiss the claimant under section 43 of the Employment Act, 2007. The claimant failed to justify the unpaid salary, leave days, house allowance, and compensation for unlawful loss of employment. The unreimbursed repairs and NSSF and NHIF arrears are enforceable under statutory provisions.
Outcome
Judgment entered for the parties with no orders on costs of the suit.
Orders
- The respondent to issue and deliver the claimant’s certificate of service by 01.12.2018.
Authorities cited
Legislation (2)
- Employment Act, 2007
- Limitation of Action Act
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