Joseph Mutua Mtinda v Nine One One Kenya Limited [2019] KEELRC 1404 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1404
- Citation
- [2019] KEELRC 1404 (KLR)
- Decided
- 14 June 2019
Summary at a glance
TypeUnfair DismissalPostureClaimant's AppealCoramJames Rika
The Court declared that the Claimant was constructively dismissed and ordered the Respondent to pay notice pay, annual leave pay, service pay, and gratuity.
Facts
The Claimant, Joseph Mutua Mtinda, was employed by the Respondent, Nine One One Kenya Limited, as a Security Supervisor from 2003 to 2017. The Respondent terminated the Claimant's contract without notice and justifiable cause, and the Claimant is seeking compensation for unfair termination.
Issues
- Unfair dismissal
- Notice pay
- Annual leave pay
- Service pay
- Gratuity
Reasoning
The Court found that the termination was unfair and ordered the Respondent to pay the Claimant notice pay, annual leave pay, service pay, and gratuity.
Outcome
Claimant's appeal successful
Orders
- Notice pay at Kshs. 15,000
- Annual leave pay at Kshs. 145,385
- Service pay at Kshs. 103,860
- Gratuity at Kshs. 124,632
Remedies
- Notice pay
- Annual leave pay
- Service pay
- Gratuity
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.
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