Elias Karimiko Kalu v Joash M. Orina t/a Planning and Furniture [2020] KEELRC 1573 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1573
- Citation
- [2020] KEELRC 1573 (KLR)
- Decided
- 21 February 2020
Summary at a glance
TypeUnfair DismissalPostureClaimant's AppealCoramJames Rika
Termination was unfair, and the Respondent is ordered to pay compensation, notice, leave, and service pay to the Claimant.
Facts
The Claimant was employed as a Machine Operator by the Respondent from January 2014. He was terminated on August 26, 2016, by the Manager, Fred Osiemo, for assisting Alfan Omar in filing a complaint at the Labour Office and acting as a legal advisor to co-employees.
Issues
- Unfair termination
- Compensation for unfair termination
- Service pay
- Arrears of house allowance
- Annual leave arrears
- NSSF and NHIF contributions
Reasoning
The termination was not based on valid reasons and was found to be unfair.
Outcome
Claimant's appeal is allowed.
Orders
- Service pay at 15 days' salary for 2 complete years of service at Kshs. 18,000
- Certificate of Service to issue
- Interest allowed at 16% per annum from the date of judgment till payment is made in full
- Costs to the Claimant
Remedies
- Compensation at Kshs. 124,800
- Notice at Kshs. 15,600
- Leave at Kshs. 32,550
- Service at Kshs. 18,000
⚠ 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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