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Joha Magongo Kango & another v Crest Security Services Limited [2018] KEELRC 863 (KLR)

[2018] KEELRC 863 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
863
Citation
[2018] KEELRC 863 (KLR)
Decided
25 October 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial decisionCoramLINNET NDOLO
Holding

The Claimants' claim for unlawful termination is dismissed. The claim for leave pay is allowed.

Facts

The Claimants were security guards employed by the Respondent. They were arrested and prosecuted for theft, but were acquitted. After their acquittal, they were allegedly locked out of work.

Issues

  1. Whether the Claimants have made out a case for unlawful termination of employment
  2. Whether the Claimants are entitled to the remedies sought

Reasoning

The Claimants failed to prove a case of unlawful termination. They were not locked out of work after their acquittal, as they did not provide the exact date.

Outcome

Judgment in favor of the Claimants for leave pay.

Orders

  • Each party to bear their own costs

Remedies

  • Leave pay for 1 year for the 1st Claimant
  • Leave pay for 3 years for the 2nd Claimant
  • Prorata leave for 2 months for the 2nd Claimant
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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