John Ndungu Mukora v H Young & Company (Ea) Ltd [2019] KEELRC 1896 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1896
- Citation
- [2019] KEELRC 1896 (KLR)
- Decided
- 28 February 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from original trialCoramM. MBARU JUDGE
Holding
The dismissal was procedurally unfair and the claimant is entitled to notice pay of Ksh.75,116.
Facts
The claimant was dismissed from employment on June 27, 2014, for alleged absence from duty without authority. The work site was closed from June 19 to June 27, 2014, due to a strike. The claimant was paid Ksh.6,000 for June 2014.
Issues
- Procedural fairness of the dismissal
- Payment for days worked in June 2014
- Reinstatement or notice pay
Reasoning
The court found the dismissal procedurally unfair due to the claimant's participation in an illegal strike and the lack of due process. The claimant was entitled to notice pay as the dismissal was unfair.
Outcome
Judgment for the claimant for notice pay of Ksh.75,116.
Orders
- Notice pay of Ksh.75,116 to be paid to the claimant
Remedies
- Notice pay
Authorities cited
Legislation (2)
- Employment Act, 2007
- Employment and Labour Relations Court Act, 2011
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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