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Francis Kimwele Mutinda v Galmalt Supermarket [2020] KEELRC 1656 (KLR)

[2020] KEELRC 1656 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1656
Citation
[2020] KEELRC 1656 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeWrongful TerminationPostureClaimant's Original TrialCoramHON. LADY JUSTICE HELLEN WASILWA
Holding

The dismissal of the Claimant was found to be unfair and unjustified.

Facts

Claimant was employed as a baker by Respondent from May 2010. He was terminated on November 21, 2014, without notice, and was owed terminal dues.

Issues

  1. Unlawful termination
  2. Compensation for wrongful dismissal
  3. Statutory deductions

Reasoning

The court found that the Respondent did not provide valid reasons for the termination and did not subject the Claimant to a disciplinary hearing.

Outcome

Claimant awarded 1 month's salary in lieu of notice, NSSF deductions, NHIF deductions, and 10 months' salary as compensation for unlawful termination.

Orders

  • Respondent to pay costs of the suit and interest at Court rates

Remedies

  • Award of compensation for unlawful termination
  • Payment of statutory deductions

Authorities cited

Legislation (1)
  • Employment Act 2007
Cases cited (2)
  • SACWU Vs DYASI (2001) 7 BLR 731 (LAC) (unreported)
  • Joseph Njoroge Kiama Vs Summer Limited (2014) 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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