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Joseph Motonu v Sportsman Arms Hotel [2019] KEELRC 2026 (KLR)

[2019] KEELRC 2026 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2026
Citation
[2019] KEELRC 2026 (KLR)
Decided
20 March 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeWrongful DismissalPostureClaimant sued for wrongful dismissal, Respondent denied knowledge and jurisdictionCoramNzioki wa Makau
Holding

Claimant is entitled to salary for February 2015, one month's notice, 3 months' compensation, costs, certificate of service, and interest

Facts

Claimant was a guard dismissed for alleged theft, was charged and acquitted, denied a hearing

Issues

  1. Dismissal validity
  2. Hearing rights
  3. Relief entitlement

Reasoning

Dismissal was not fair due to lack of hearing, and Claimant failed to prove non-payment of allowances and gratuity

Outcome

Claimant wins

Orders

  • Salary for February 2015
  • One month's notice salary
  • 3 months' compensation salary
  • Costs of the suit
  • Certificate of service
  • Interest on above

Remedies

  • Salary
  • Notice salary
  • Compensation salary
  • Costs
  • Certificate of service
  • Interest

Authorities cited

Legislation (1)
  • Employment Act
Cases cited (2)
  • Thomas Mutevu Kitetu & 2 Others v Izaak Walton Inn [2015] eKLR
  • Douglas Ouma Oyobo v P. W. Waswa & Another [2013] eKLR
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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