Godhana Said Omar v Board of Governors Wiyoni Secondary School [2020] KEELRC 1646 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1646
- Citation
- [2020] KEELRC 1646 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnlawful Termination of EmploymentPostureClaimant's CaseCoramLINNET NDOLO
Holding
The Claimant is entitled to compensation for unlawful termination of employment and six months' salary in compensation, one month's salary in lieu of notice, and leave pay for 2016 and prorata leave for 2017.
Facts
The Claimant was employed as a night security personnel and was dismissed on 1 September 2017 without a chance to defend himself. He claimed he was not given a chance to defend himself, was not paid house allowance, and was underpaid.
Issues
- Whether the Claimant has proved a case of unlawful termination of employment
- Whether the Claimant is entitled to the remedies sought
Reasoning
The Respondent did not take any action to follow up the Claimant after he left his place of work, and the allegation of desertion was not supported by evidence. The Claimant's testimony that his employment was unlawfully terminated was uncontroverted.
Outcome
In favour of the Claimant
Orders
- 6 months' salary in compensation
- 1 month's salary in lieu of notice
- Leave pay for 2016
- Prorata leave for 2017
Remedies
- 6 months' salary in compensation
- 1 month's salary in lieu of notice
- Leave pay for 2016
- Prorata leave for 2017
Authorities cited
Cases cited (2)
- Seabolo v Belgravia Hotel (1997) 6 BLLR 829 (CCMA)
- Gerald Maku Mwangi v Njuca Consolidated Co. Ltd [2018] 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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