Kenya Union of Commercial, Food and Allied Workers v Generation Electric Allied Limited [2019] KEELRC 664 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 664
- Citation
- [2019] KEELRC 664 (KLR)
- Decided
- 17 October 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureClaimant wonCoramNzioki wa Makau
Holding
Claimant union wins, Grievant entitled to underpayment, maximum compensation for unlawful dismissal, interest, and costs.
Facts
Claimant union sued Respondent for wrongful termination and underpayment of wages. Grievant was a Mpesa cashier who was transferred to Eldoret without proper notice and was entitled to maternity leave with full pay.
Issues
- Constructive dismissal
- Underpayment of wages
Reasoning
The Respondent failed to provide proper notice for the Grievant's transfer and did not pay her full salary during her maternity leave, leading to constructive dismissal.
Outcome
Claimant wins
Orders
- Kshs. 176,845.20 as underpayment
- Kshs. 308,845.20 as maximum compensation for unlawful dismissal
- Interest on the sums awarded at court rates
- Costs of the suit
Remedies
- Underpayment
- Unlawful dismissal compensation
- Interest
- Costs
Authorities cited
Legislation (2)
- Employment Act
- 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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