Wycliffe Mwakha Murunga v Kenya Horticultural Exporters (1977) Limited [2019] KEELRC 1145 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1145
- Citation
- [2019] KEELRC 1145 (KLR)
Summary at a glance
TypeUnfair DismissalPostureAppeal from an original trial decisionCoramMaureen Onyango
The termination was found to be unfair, and the claimant was awarded compensation, salary in lieu of notice, and leave pay.
Facts
The claimant, Wycliffe Mwakha Murunga, was verbally dismissed by the respondent, Kenya Horticultural Exporters (1977) Limited, on June 15, 2013. He claimed unfair dismissal and sought compensation, salary in lieu of notice, and leave pay.
Issues
- Whether the termination was unfair
- Whether the claimant was constructively dismissed
Reasoning
The court found that the respondent failed to prove the claimant absconded duty and that the claimant was verbally dismissed. The court awarded compensation, salary in lieu of notice, and leave pay based on the claimant's service and the respondent's admission of issuing three months' contracts.
Outcome
Claimant's claim for unfair dismissal and compensation was upheld.
Orders
- Compensation of Kshs.66,372
- Salary in lieu of notice of Kshs.11,062
- Pay in lieu of leave of Kshs.40,226
- Salary up to 15th June 2013 of Kshs.6,231
Remedies
- Compensation of Kshs.66,372
- Salary in lieu of notice of Kshs.11,062
- Pay in lieu of leave of Kshs.40,226
- Salary up to 15th June 2013 of Kshs.6,231
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…