SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Christopher Kyalo Mutiku v Scholastica Ajode t/a Skajo Airline Handling Agency [2019] KEELRC 862 (KLR)

[2019] KEELRC 862 (KLR) Employment & Labour Relations Court
Read PDF
Court
Employment & Labour Relations Court
Case number
862
Citation
[2019] KEELRC 862 (KLR)
Decided
26 September 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureClaim heard by way of formal proofCoramJames Rika
Holding

Claim is allowed. Respondent is ordered to pay 7 days' salary, service pay, compensation for unfair termination, and notice pay.

Facts

Claimant Christopher Kyalo Mutiku was employed as Cargo Export/Import Supervisor by Respondent Scholastica Ajode t/a Skajo Airline Handling Agency. He was placed on unpaid leave on 7th September 2016 and left employment on the same date. He filed a claim seeking compensation for unfair termination.

Issues

  1. Unfair termination
  2. Service pay eligibility
  3. Compensation for unfair termination

Reasoning

Claimant was placed on unpaid leave without explicit termination and was not informed when to resume duty. He had 9 complete years of service and was not subscribed to any social security plan.

Outcome

Claimant wins

Orders

  • 7 days' salary at Kshs. 8,076
  • Service pay at Kshs. 155,769
  • Compensation for unfair termination at Kshs. 255,000
  • Notice pay at Kshs. 30,000
  • Certificate of Service to issue
  • Costs to the Claimant
  • Interest allowed at 14% per annum from the date of Judgment, till payment is made in full

Remedies

  • Compensation for unfair termination
  • Service pay
  • 7 days' salary

Authorities cited

Legislation (1)
  • Employment 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.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case