Bismark Sammy Mwendwa v Likat Boutique Limited [2020] KEELRC 1767 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1767
- Citation
- [2020] KEELRC 1767 (KLR)
- Decided
- 16 January 2020
Summary at a glance
TypeUnfair and Unjustified TerminationPostureClaimant seeks declaration of unlawful summary dismissal and payment of terminal dues and compensatory damagesCoramHON. LADY JUSTICE HELLEN WASILWA
Termination was unfair and unjustified, awarding 1 month salary in lieu of notice, 8 months' salary as compensation, and payment for leave not taken
Facts
Claimant was arrested and released on cash bail for alleged theft, then never called to resume duties. He filed suit alleging unfair termination and seeking compensation.
Issues
- Unlawful summary dismissal
- Payment of terminal dues and compensatory damages
- Notice pay
- Untaken/unpaid leave
Reasoning
Claimant was never given a reason for termination and no disciplinary process was followed, while Respondent claimed he absconded duty.
Outcome
Claimant wins
Orders
- 1 month salary in lieu of notice
- 8 months' salary as compensation
- Payment for leave not taken
- Costs of the suit
Remedies
- 1 month salary in lieu of notice
- 8 months' salary as compensation
- Payment for leave not taken
- Costs of the suit
Authorities cited
⚠ 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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