Wafula Wekesa Emmanuel v Endmor Steel Millers Limited [2019] KEELRC 1629 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1629
- Citation
- [2019] KEELRC 1629 (KLR)
Summary at a glance
TypeUnfair DismissalPostureClaimant WinsCoramBYRAM ONGAYA
The termination was unfair due to lack of due process and valid reason.
Facts
The claimant worked as a loader for Endmor Steel Millers Limited from June 2011 to January 2014. He was terminated without notice on January 21, 2014.
Issues
- Whether the termination was unfair
- Whether the claimant was a casual employee
Reasoning
The court found that the claimant worked without breaks and was a casual employee, but the respondent failed to keep employment records. The court also found that the termination was unfair as there was no valid reason and no due process.
Outcome
Judgment for the claimant
Orders
- Payment of Kshs. 233,600.00 by 01.07.2019
- Payment of Kshs. 24,000.00 in lieu of notice
- Payment of Kshs. 48,000.00 in lieu of annual leave
- Payment of Kshs. 16,000.00 in lieu of annual leave
- Payment of Kshs. 144,000.00 in compensation for the unfair termination
Remedies
- Declaration of unfair termination
- Payment of compensation
Authorities cited
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