Christopher Kyalo Mutiku v Scholastica Ajode t/a Skajo Airline Handling Agency [2019] KEELRC 862 (KLR)
- 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
- Unfair termination
- Service pay eligibility
- 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.
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