Josephat Kimani Karanja v Maxland Restaurant Bar & Lounge [2020] KEELRC 459 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 459
- Citation
- [2020] KEELRC 459 (KLR)
- Decided
- 24 September 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent did not enter appearance, claimant proceeded by way of formal proof.CoramJOSEPHAT KIMANI KARAN
Holding
The summary dismissal was unfair and wrongful.
Facts
Claimant was employed as a Butcher/Cook by the respondent from October 2013 to December 2013. He was dismissed on December 11, 2014 without a fair hearing. He was not issued with a written contract of employment.
Issues
- Whether the summary dismissal was unfair and wrongful.
- Whether the claimant is entitled to the reliefs sought.
Reasoning
The respondent did not provide evidence to prove the reason for dismissal was valid and fair. The claimant was not given a fair hearing.
Outcome
Claimant's claim for unfair termination, compensation, and other reliefs is upheld.
Remedies
- A declaration that the termination of his employment was unfair and wrongful.
- Compensation for unfair termination of Kshs. 144,000.
- One-month salary in lieu of notice of Kshs. 12,000.
- One month leave of Kshs. 12,000.
- Salary for October, November, and December 2014 of Kshs. 36,000.
- Gratuity for one year three months of Kshs. 7,500.
- Refund of salary deductions of Kshs. 56,545.
- Certificate of service.
- Costs and interest.
Authorities cited
Legislation (1)
- Employment Act
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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