John Mwengea & another v In-Time Manpower Solutions [2019] KEELRC 469 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 469
- Citation
- [2019] KEELRC 469 (KLR)
- Decided
- 6 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from a decision of the Employment and Labour Relations CourtCoramNzioki wa Makau
Holding
The Claimants are entitled to one month's salary in lieu of notice and 6 months' salary as compensation for the unlawful dismissal.
Facts
The 1st and 2nd Claimants were employed as general labourers by the Respondent. They were dismissed on 1st July 2016 without notice or cause. They claimed statutory underpayments, one month's salary in lieu of notice, payment in lieu of untaken leave, service pay, and maximum compensation for unfair termination.
Issues
- Unfair dismissal
- Statutory underpayments
- Service pay entitlement
Reasoning
The Respondent failed to show a valid reason for the termination, and the Claimants were not declared redundant, thus not entitled to service pay.
Outcome
The Claimants are awarded one month's salary in lieu of notice and 6 months' salary as compensation for the unlawful dismissal.
Orders
- One month's salary in lieu of notice - Kshs. 20,363.20 for the 1st Claimant
- 6 months' salary as compensation for the unlawful dismissal - Kshs. 122,179.20 for the 1st Claimant
- One month's salary in lieu of notice - Kshs. 20,363.20 for the 2nd Claimant
Remedies
- Costs of the suit
- Interest on the sums in a) and b) above for each Claimant at court rates from the date of judgment till payment in full
Authorities cited
Legislation (1)
- Employment and Labour Relations Act
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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