Linus Tambiti Bala v Samba Brazilia Limited [2019] KEELRC 1479 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1479
- Citation
- [2019] KEELRC 1479 (KLR)
- Decided
- 31 May 2019
Summary at a glance
TypeUnfair dismissalPostureClaimant's appeal from a dismissal decisionCoramBYRAM ONGAYA
Claimant is awarded Kshs. 238, 000 in compensation for the unfair dismissal, including Kshs. 17, 000 in lieu of notice, Kshs. 17, 000 for February 2014, and Kshs. 204, 000 in compensation for the unjustified termination.
Facts
Claimant was dismissed on March 6, 2014, without notice or a hearing, and did not receive his salary or untaken leave pay. He filed a lawsuit on April 20, 2015.
Issues
- Unlawful and unfair dismissal
- Compensation for unfair dismissal
- Payment of untaken leave and overtime
- Payment of salary for February 2014
Reasoning
The dismissal was found to be unlawful and unfair due to lack of due notice and a hearing, and the lack of a genuine reason for termination. The claimant was awarded compensation for the unjustified termination and for the days worked but not paid.
Outcome
Claimant wins
Orders
- The respondent to pay the claimant a sum of Kshs. 238, 000 by 01.07.2019
- The respondent to pay the claimant's costs of the suit
Remedies
- Compensation for unjustified dismissal
- Lump sum payment for untaken leave and salary for February 2014
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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