James Gitau Waweru & 3 others v China Railway No.10 Engineering Group Company [2020] KEELRC 1080 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1080
- Citation
- [2020] KEELRC 1080 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a Labour Relations Court decisionCoramM. Mbaru
Holding
The termination was procedurally unfair and notice pay is awarded.
Facts
Claimants were employed as Tipper drivers by the Respondent. Claimants alleged unfair termination of employment and sought various dues. Respondent claimed the claimants were not diligent and were summarily dismissed.
Issues
- Procedural fairness of termination
- Calculation of underpayment
- House allowance and overtime pay
Reasoning
The court found that the claimants were not given a hearing before being summarily dismissed, violating the Employment Act's requirement for a hearing in summary dismissals.
Outcome
Claimants' claims dismissed, notice pay awarded.
Orders
- Claimant James Gitau Waweru's claims dismissed
- Anthony Kirwa awarded notice pay and pay for days worked
- Claimant Isaac Nyamosi Nyango's claim dismissed
- Joseph Kiarie Mugo awarded notice pay and pay for 13 days
- Certificate of service issued to each claimant
- Each party bears own costs
Remedies
- Notice pay
- Pay for days worked
Authorities cited
Legislation (2)
- Employment Act, 2007
- Employment and Labour Relations Court Act, 2011
Cases cited (3)
- Regent Management Limited v Wilberforce Ojiambo Oundo
- Attorney General & another v Andrew Maina Githinji & another
- Thomas B. Miningwo v Egerton University
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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