Moffat Oyunge Ramani v Mount Kenya University [2020] KEELRC 1587 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1587
- Citation
- [2020] KEELRC 1587 (KLR)
- Decided
- 20 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureClaimant's Appeal GrantedCoramNzioki wa Makau
Holding
The termination was unfair and unlawful, and the Claimant is entitled to one month's salary in lieu of notice, salary for 12 days, severance pay, 6 months' salary compensation, costs, and interest.
Facts
Claimant was employed as an Assistant Librarian by Mount Kenya University from January 2010. He was terminated on April 10, 2017, without notice, and was not paid his terminal benefits.
Issues
- Unfair dismissal
- Termination without notice
- Payment of terminal benefits
Reasoning
The termination was not in compliance with the Employment Act, which requires at least a month's notice and payment of severance pay.
Outcome
Claimant's appeal granted
Orders
- One month's salary in lieu of notice
- Salary for 12 days
- Severance pay
- 6 months' salary compensation
- Costs of the suit
- Interest on the sums in a), b) and c) above at court rates from the date of filing suit till payment in full
- Interest on the sums in d) above at court rates from the date of judgment till payment in full
Remedies
- One month's salary in lieu of notice
- Salary for 12 days
- Severance pay
- 6 months' salary compensation
- Costs of the suit
- Interest on the sums in a), b) and c) above at court rates from the date of filing suit till payment in full
- Interest on the sums in d) above at court rates from the date of judgment till payment in full
Authorities cited
Legislation (1)
- Employment Act
Cases cited (1)
- Mvunywa v E.A. Limited (E.A.) Limited v Benson K. Nguti (2016) eKLR
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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