Duncan Ochieng Nyangoje v China Overseas Engineering Group Company Limited [2019] KEELRC 2249 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2249
- Citation
- [2019] KEELRC 2249 (KLR)
- Decided
- 14 February 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant's Unopposed Motion for JudgmentCoramMathews N. Nduma
Holding
Claimant awarded Kshs. 104,843.75 in total, including Kshs. 18,000 in lieu of notice, Kshs. 32,843.75 in unpaid salary, and Kshs. 54,000 in compensation.
Facts
Claimant was employed as a driver by the Respondent from September 26, 2013. He was arrested on March 24, 2016, and later acquitted. He was summarily dismissed on March 30, 2016, without notice, without a hearing, and without payment of salary or terminal benefits.
Issues
- Unlawful termination of employment
- Unpaid salary and overtime
- Compensation for loss of income and career prospects
Reasoning
Claimant proved his case on a balance of probabilities, as there was no valid reason for dismissal and he suffered loss of income and career prospects.
Outcome
In favor of the claimant
Orders
- Kshs. 18,000 in lieu of notice
- Kshs. 32,843.75 in unpaid salary
- Kshs. 54,000 in compensation
Remedies
- Interest at court rates from date of filing suit till payment in full
- Costs of the suit
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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