Timothy Kamura Wairimu v Vegpro Kenya Limited [2018] KEELRC 925 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 925
- Citation
- [2018] KEELRC 925 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaimant v RespondentCoramHON. LADY JUSTICE HELLEN WASILWA
Holding
Claimant was unfairly terminated and awarded 1 month salary in lieu of notice, 12 months' salary as damages for unfair termination, and annual leave pay for 2012 to 2013.
Facts
Claimant was employed by Respondent from April 2010 to October 2012. He fell ill in November 2012 and took sick leave, but was not paid after November 2012. He sought compensation for unlawful termination and unpaid leave.
Issues
- Unlawful termination
- Unpaid leave
- Compensation for unlawful termination
Reasoning
The Respondent did not provide notice of termination or inform the Claimant of his exhausted leave days, leading to a constructive termination. The Claimant was entitled to sick pay and annual leave pay.
Outcome
Claimant wins
Orders
- 1 month salary in lieu of notice
- 12 months' salary as damages for unfair termination
- Annual leave pay for 2012 to 2013
- Costs of the suit plus interest at Court rates
Remedies
- Compensation for unlawful termination
- Annual leave pay
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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