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Duncan Ochieng Nyangoje v China Overseas Engineering Group Company Limited [2019] KEELRC 2249 (KLR)

[2019] KEELRC 2249 (KLR) Employment & Labour Relations Court
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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

  1. Unlawful termination of employment
  2. Unpaid salary and overtime
  3. 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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