Nazir Mohammedali Kassam v Bahari [T] Company Limited [2019] KEELRC 1859 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1859
- Citation
- [2019] KEELRC 1859 (KLR)
- Decided
- 28 March 2019
Summary at a glance
TypeUnfair TerminationPostureClaimant initiated the case, Respondent filed a Statement of Response, and the case was heard and decided by the Employment and Labour Relations Court at Mombasa.CoramJames Rika
The Court orders the Respondent to pay the Claimant 4 months' salary in compensation for unfair termination.
Facts
The Claimant was employed as an Office Administrator by the Respondent from June 2009. He was terminated on February 2015 due to restructuring and age-related reasons. The Respondent paid some terminal benefits but not all.
Issues
- Unfair termination
- Compensation for unfair termination
Reasoning
The Court found the termination unfair due to the Respondent's failure to meet statutory standards of fairness and the personal relationship between the Claimant and the Respondent's director.
Outcome
The Respondent is ordered to pay the Claimant 4 months' salary in compensation for unfair termination.
Orders
- The Respondent shall pay the Claimant Kshs. 223,560 in compensation for unfair termination.
Remedies
- Compensation for unfair termination
Authorities cited
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