Samuel Musyoka Kiilu v Allpack Industries Limited [2020] KEELRC 805 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 805
- Citation
- [2020] KEELRC 805 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a lower court decisionCoramPresiding Judge
Holding
The court found that the dismissal was not grounded on a valid and fair reason and that a fair procedure was not followed.
Facts
The claimant, Samuel Musyoka Kiilu, was employed by the respondent, Allpack Industries Limited, as a General Clerk until August 28, 2015. He was dismissed on that date and subsequently filed a lawsuit seeking compensation and reinstatement.
Issues
- Whether the dismissal was grounded on valid and fair reason.
- Whether a fair procedure was followed.
- Whether the claimant is entitled to the reliefs sought.
Reasoning
The court determined that the claimant reported a blockage in the sewer system to his supervisor and the administration, and that the respondent failed to follow a fair procedure in dismissing the claimant.
Outcome
The claimant was awarded a declaration that the termination of his services was irregular and unfair, and compensation in the sum of Kshs. 348,416,00/-.
Orders
- A declaration that the termination of the claimant's services was irregular and unfair.
- Compensation in the sum of Kshs. 348,416,00/- for the claimant.
Remedies
- Compensation for the claimant.
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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