Michael Okwaro v Megtraco Limited [2019] KEELRC 1424 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1424
- Citation
- [2019] KEELRC 1424 (KLR)
- Decided
- 31 May 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant's Ex-parte Application for Unfair Dismissal and CompensationCoramAbuodha J.
Holding
The court finds the termination of employment unfair and awards the claimant one month's salary in lieu of notice, November salary, six months' salary as compensation for unfair dismissal, and costs of the suit.
Facts
Claimant was employed as a driver by Respondent from November 2013 to December 2014. On 22nd November 2014, he was tasked to transport LPG gas to Sarit Centre Westlands. He was abducted and fleeced by thugs who withdrew Kshs 140,000 from his M-Pesa account. He was later terminated on 8th December 2014.
Issues
- Whether the termination of employment was fair
- Claimant's entitlement to compensation for unfair dismissal
Reasoning
The court considers the claimant's version of events and finds that the respondent failed to enter any appearance or file a defence, thus failing to rebut the claimant's claim.
Outcome
Claimant's application granted
Orders
- Award of compensation for unfair dismissal
- Award of one month's salary in lieu of notice
- Award of November salary
- Award of six months' salary as compensation for unfair dismissal
- Award of costs of the suit
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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