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Frankline Kimathi Eustace v G4s Security Services (K) Limited [2019] KEELRC 1369 (KLR)

[2019] KEELRC 1369 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1369
Citation
[2019] KEELRC 1369 (KLR)
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeUnlawful DismissalPostureAppeal from a decision of the Employment and Labour Relations CourtCoramMAUREEN ONYANGO
The termination of the Plaintiff's employment was lawful and he is not entitled to damages.

Facts

The Plaintiff was employed by the Defendant on a permanent basis with a gross salary of Kshs.7,374. On 22nd June 2007, the Defendant terminated the Plaintiff's employment due to allegations of embezzlement involving a loss of Ksh.1,304,000/=. The Plaintiff was paid 30 days' salary in lieu of notice, 22 days' worked, and 10 days' leave entitlement.

Issues

  • Whether the termination of the Plaintiff's employment was lawful under the repealed Employment Act, 1976.
  • Whether the Plaintiff is entitled to damages for unlawful dismissal.

Reasoning

The termination was lawful under the Employment Act, 1976, and the Plaintiff was paid the required notice period.

Outcome

The claim is dismissed.

Authorities cited

Legislation (1)
  • Employment Act, 1976
Cases cited (2)
  • Dalmas Ogoye v KNTC Limited
  • Kenya Oil Field Services Limited v Peter Njoroge
⚠ 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.
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