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Charles Oloo Omengo v Boderless Tracking Limited [2020] KEELRC 424 (KLR)

[2020] KEELRC 424 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
424
Citation
[2020] KEELRC 424 (KLR)
Decided
6 October 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramJames Rika
Holding

The termination was procedurally fair and based on valid reasons, but the Claimant is entitled to terminal dues and service pay.

Facts

The Claimant, Charles Oloo Omengo, was employed by the Respondent, Boderless Tracking Limited, as a Driver in May 2016. He was dismissed on 23rd July 2017 without valid reason, notice, or a hearing. The Claimant claimed for salary, service pay, and compensation for unfair termination.

Issues

  1. Fairness of termination
  2. Compensation for unfair termination
  3. Terminal dues and service pay

Reasoning

The Court found that the termination was procedurally fair and based on valid reasons, but the Claimant is entitled to terminal dues and service pay.

Outcome

The Respondent is ordered to pay the Claimant service pay, salary for July 2017, notice, and annual leave.

Orders

  • The Respondent shall pay the Claimant service pay at Kshs. 9,807; salary for July 2017 at Kshs. 17,000; notice at Kshs. 17,000; and annual leave at the statutory rate of 21 days, totaling Kshs. 52,537.
  • Certificate of Service to issue.
  • No order on the costs and interest.

Remedies

  • Service pay
  • Salary for July 2017
  • Notice
  • Annual leave

Authorities cited

Legislation (1)
  • Employment Act 2007
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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