Samson Augustine Wanyangu v Roy Hauliers Limited [2020] KEELRC 1727 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1727
- Citation
- [2020] KEELRC 1727 (KLR)
- Decided
- 17 January 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramONESMUS MAKAU
Holding
The termination was not during the probation period and was unfair.
Facts
The claimant, Samson Augustine Wanyangu, was employed by the respondent, Roy Hauliers Limited, as a Human Resource Officer from September 17, 2011, to January 31, 2012. He was terminated for poor performance during his probation period.
Issues
- Whether the termination of the claimant's employment was during the probation period or not.
- If not, whether the termination was unfair.
- Whether the reliefs sought should be granted.
Reasoning
The court held that the employer had an obligation to notify the claimant about his alleged poor performance before extending the probation period. The termination was unfair as the employer failed to prove valid reasons for the termination and did not follow a fair procedure.
Outcome
The claimant was awarded two months salary as compensation for unfair termination of his employment.
Authorities cited
Legislation (1)
- Employment Act
Cases cited (2)
- Narry Philemons Onaya-Odeck v Technical University of Kenya (2017) eKLR
- Danish Jalong’o & another v Amicabre Travel Services 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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