John Gakuru Mbugua v Sameer Agriculture & Livestock (K) Ltd [2020] KEELRC 1408 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1408
- Citation
- [2020] KEELRC 1408 (KLR)
- Decided
- 10 March 2020
Summary at a glance
TypeUnfair Termination of EmploymentPostureClaimant vs RespondentCoramRadido Stephen
The Court finds that the termination of the Claimant's employment was unfair and unlawful.
Facts
Claimant was employed as a Deliveryman by Respondent on 1 April 2015, with a probation period of 6 months. The Respondent terminated the employment on 22 June 2015, citing fraudulent activities. Claimant claimed unfair termination and breach of contract.
Issues
- Unfair termination of employment
- Compensation and pay in lieu of notice
- Underpayment of wages
- Leave days
Reasoning
The Court held that the probation period was invalid as the Claimant was still performing the same duties under a new contract. The termination was unfair and unlawful, and the Claimant was awarded compensation and pay in lieu of notice.
Outcome
Claimant awarded Kshs 95,698/- in total.
Orders
- Compensation Kshs 76,698/-
- Pay in lieu of notice Kshs 19,000/-
Remedies
- Compensation and pay in lieu of notice
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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