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David Waiyaki Kamaru v Africa Travel Company Ltd [2020] KEELRC 1248 (KLR)

[2020] KEELRC 1248 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1248
Citation
[2020] KEELRC 1248 (KLR)
Decided
13 March 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureAppeal from a Labour Relations Court decisionCoramAbuodha Jorum Nelson, Byram Ongaya
Holding

The Court found in favor of the Claimant, awarding five months salary in lieu of notice, leave allowance, and 12 months compensation for unfair dismissal.

Facts

The Claimant, David Waiyaki Kamaru, was employed by the Respondent, Africa Travel Company Ltd, as a driver and later promoted to workshop manager/supervisor. He was dismissed on 9th January, 2015, and claimed unfair dismissal, underpayment, and compensation.

Issues

  1. Unfair dismissal
  2. Underpayment
  3. Compensation

Reasoning

The Court ruled that the Respondent did not have a registered office in Kenya and that the offices at Magadi Road were not under their control. The Court also found that the Claimant was underpaid.

Outcome

In favor of the Claimant

Orders

  • Awarded five months salary in lieu of notice
  • Awarded leave allowance
  • Awarded 12 months compensation for unfair dismissal
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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