Zakaria Auma Samuel Otieno Odero v Kaluworks Limited [2020] KEELRC 671 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 671
- Citation
- [2020] KEELRC 671 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant's claim against former employerCoramRika
Holding
The dismissal was lawful and fair, and the procedural fairness requirements of Section 41 of the Employment Act were satisfied.
Facts
Claimant Zakaria Auma Samuel Otieno Odero was employed by Kaluworks Limited from September 2003 to September 2013. He was dismissed on October 30, 2015, due to poor performance and gross negligence.
Issues
- Whether the Claimant's dismissal was lawful and fair
- Whether the Claimant is entitled to the remedies sought
Reasoning
The Respondent took steps to support the Claimant to improve his performance through training and one-on-one interaction. The Claimant was duly notified of the disciplinary hearing and participated in it.
Outcome
Dismissal was lawful and fair
Remedies
- One month's salary in lieu of notice
- Unpaid salary for the month of October
- Leave pay for 58 days
- Outstanding travel allowance
- Severance pay
- 12 months' salary in compensation
- Certificate of service
- Costs plus interest
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (2)
- Kenya Science Research International Technical and Allied Workers Union (KSRITAWU) v Stanley Kinyanjui and Magnate Ventures (Cause No 273 0f 2010)
- Jacob Oriando Ochanda v Kenya Hospital Association T/A Nairobi Hospital [2019] 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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