Samuel Chege Kamau v Uwezo Microfinance Bank Limited [2020] KEELRC 453 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 453
- Citation
- [2020] KEELRC 453 (KLR)
- Decided
- 16 September 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeWrongful and Unlawful DismissalPostureAppeal from an original trialCoramHON. LADY JUSTICE HELLEN WASILWA
Holding
The dismissal was unfair and unjustified due to lack of valid reasons and failure to grant the Claimant an opportunity to be heard.
Facts
Claimant was employed by Respondent and later dismissed on allegations of fraud and poor performance. He was arrested and detained prior to any forensic audit.
Issues
- Unfair dismissal
- Failure to comply with Employment Act
- Arrest and detention without formal charges
- Discrimination
Reasoning
The court found that the dismissal was unfair and unjustified due to the lack of valid reasons and the failure to grant the Claimant an opportunity to be heard, in violation of Section 41 of the Employment Act.
Outcome
Claimant is entitled to 1 month salary in lieu of notice, 12 days of unpaid salary, 40 days of leave pay, and 7 months' salary as compensation for the unlawful and unfair termination.
Orders
- Award of 1 month salary in lieu of notice
- Award of 12 days of unpaid salary
- Award of 40 days of leave pay
- Award of 7 months' salary as compensation
Remedies
- Unfreezing of Claimant's bank account
- Issuance of a certificate of service
- Award of costs and interest
Authorities cited
Legislation (2)
- Employment Act, 2007
- Constitution of Kenya, 2010
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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