Francis Kioko Mwaniki v Hakika Transport Services Limited [2020] KEELRC 696 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 696
- Citation
- [2020] KEELRC 696 (KLR)
Summary at a glance
TypeUnlawful Termination of EmploymentPostureClaim for compensation and notice pay dismissed; Respondent's counterclaim for notice pay dismissedCoramRika
The Claimant has failed to establish a case of unlawful termination of employment and the claims for compensation and notice pay are dismissed.
Facts
Claimant was employed as a Heavy Commercial Driver by Respondent from July 2013 until April 2015. He claimed unlawful termination and compensation for leave pay and service pay.
Issues
- Whether the Claimant has made out a case of unlawful termination of employment
- Whether the Claimant is entitled to the remedies sought
- Whether the Respondent has made out a proper counterclaim against the Claimant
Reasoning
The Claimant could not provide the exact date of termination and failed to prove that the termination was unlawful. The Court found that the employee's pay structure was unique to the industry and not compatible with annual leave.
Outcome
Both the Claimant's claim and the Respondent's counterclaim are dismissed.
Orders
- Each party will bear their own costs
Authorities cited
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