Fredrick Wabwire Mulaa & 3 Others v Jesmiras Lubricants [2019] KEELRC 2591 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2591
- Citation
- [2019] KEELRC 2591 (KLR)
Summary at a glance
TypeEmployment DisputePostureAppeal from the original trialCoramAbuodha Jorum Nelson
The Court finds the Respondent failed to justify the termination and awards the Claimants compensation and unpaid salary.
Facts
The Claimants were employed as general workers by the Respondent. They were asked to stay away from work pending investigations into a theft incident. They were later terminated and did not receive their terminal dues.
Issues
- Whether the termination was lawful and fair
- Whether the Claimants absconded duty
Reasoning
The Court held that the Respondent did not provide evidence of attempts to contract the Claimants or show cause letters, thus failing to justify the termination. The Claimants were awarded compensation for unfair termination and unpaid salary.
Outcome
In favor of the Claimants
Orders
- One month's salary in lieu of notice
- Unpaid salary for February, 2009
- Service pay for 15 days' pay for each complete year of service
- Six months salary as compensation for unfair termination
Remedies
- Award of compensation and unpaid salary
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