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Emilio Kirimi Njeru v New Bakers Limited [2019] KEELRC 2365 (KLR)

[2019] KEELRC 2365 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2365
Citation
[2019] KEELRC 2365 (KLR)
Decided
8 February 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from an original trial decisionCoramRadido Stephen
Holding

The Court finds the dismissal unfair and awards the Claimant pay in lieu of notice, compensation, wages for June 2015, leave, and a certificate of service.

Facts

The Claimant, Emilio Kirimi Njeru, was dismissed from his employment by New Bakers Limited without notice or pay in lieu. He claimed wrongful dismissal and refused to pay terminal dues.

Issues

  1. Unfair termination of employment
  2. Procedural fairness
  3. Pay in lieu of notice
  4. Compensation
  5. Wages for June 2015
  6. Leave
  7. Overtime
  8. Service gratuity
  9. Certificate of Service

Reasoning

The Court concludes the dismissal was unfair due to procedural and substantive fairness issues, and awards compensation and other benefits.

Outcome

The Claimant is awarded Kshs 208,548 in total.

Orders

  • Certificate of Service to be issued
  • Claimant to have costs

Remedies

  • Pay in lieu of notice
  • Compensation
  • Wages for June 2015
  • Leave
  • Certificate of Service

Authorities cited

Legislation (1)
  • Employment Act, 2007
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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