Fabiano Odinga Wandera v Shiva Mombasa Limited [2018] KEELRC 818 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 818
- Citation
- [2018] KEELRC 818 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaimant vs RespondentCoramLINNET NDOLO
Holding
The Court finds and holds that the Claimant is entitled to compensation for wrongful termination.
Facts
Claimant was employed as a turner/machine operator by Respondent from February 2012. He was terminated verbally on 3rd June 2015. Claimant claimed wrongful termination and various compensations.
Issues
- Whether the termination of the Claimant’s employment was lawful and fair
- Whether the Claimant is entitled to the remedies sought
Reasoning
The Court held that the Respondent failed to prove desertion against the Claimant, thus finding his employment unlawfully and unfairly terminated.
Outcome
Claimant is awarded 7 months' salary in compensation, 1 month's salary in lieu of notice, and gratuity for 2013 and 2014.
Orders
- Award of compensation to the Claimant
Remedies
- 7 months' salary in compensation
- 1 month's salary in lieu of notice
- Gratuity for 2013 and 2014
Authorities cited
Legislation (1)
- Employment Act
Cases cited (3)
- Seablo v Belgravia Hotel (1997) 6 BLLR829 (CCMA)
- James Ashiembi Namayi v Menengai Oil Refineries (2016) eKLR
- Dickson Matingi v DbSchenker Limited (2016) 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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