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Akoth Nancy Auko v Epco Builders Limited [2019] KEELRC 607 (KLR)

[2019] KEELRC 607 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
607
Citation
[2019] KEELRC 607 (KLR)
Decided
25 October 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant vs RespondentCoramBYRAM ONGAYA
Holding

The Court finds no evidence of wrongful termination and thus no notice pay is due. The claimant is awarded leave pay and service pay for the 2 years served.

Facts

Claimant was employed by Respondent as a key lady from June 2012 to October 2014. She worked at different sites and was terminated on October 8, 2014. She claimed wrongful termination and other damages.

Issues

  1. Was the claimant wrongfully terminated?
  2. Was notice pay due?
  3. Was leave pay and service pay due?

Reasoning

The Court considers the evidence and finds that the claimant failed to report for redeployment and did not explain her actions. There was no termination and notice pay is not due.

Outcome

Judgment for the claimant for leave pay and service pay totaling Kshs. 26,400 and partial costs of Kshs. 15,000.

Orders

  • Payment of Kshs. 41,400 by 01.12.2019.
  • Delivery of a certificate of service by 15.11.2019.

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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