Joseph Wahome Karangi v Express Inn [2019] KEELRC 712 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 712
- Citation
- [2019] KEELRC 712 (KLR)
- Decided
- 8 October 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant seeks compensation for unlawful termination, Respondent defends termination as lawful.CoramNzioki wa Makau
Holding
The termination was unlawful and procedurally unfair. The Claimant is entitled to 28 days salary in lieu of notice, 3 months salary as compensation for unlawful termination, and costs of the suit.
Facts
Claimant was employed as a supervisor by Respondent. He was sent on one-month leave starting February 1, 2018, and was terminated on the same day for poor performance. He did not receive formal notice or a hearing.
Issues
- Unlawful termination
- Procedural fairness
- Compensation for unlawful termination
Reasoning
The termination was unprocedural as it occurred on the day of leave, without notice or a hearing. The Employment Act mandates that an employer must give notice or salary in lieu of notice for termination.
Outcome
Claimant wins
Orders
- 28 days salary in lieu of notice
- 3 months salary as compensation for unlawful termination
- Costs of the suit
Remedies
- Compensation for unlawful termination
- Costs of the suit
Authorities cited
Legislation (2)
- Employment Act 2007
- Constitution of Kenya
Cases cited (2)
- Abraham Gumba v Kenya Medical Supplies Authority [2014] eKLR
- Evans Ochieng Oluoch v Njimia Pharmaceuticals Limited [2016] eKLR
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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