Daniel Otieno Soro v Morris Company (2004) Limited [2021] KEELRC 1045 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1045
- Citation
- [2021] KEELRC 1045 (KLR)
- Decided
- 13 August 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeWrongful DismissalPostureClaimant's SuitCoramCHRISTINE N. BAARI
Holding
The dismissal was wrongful and unlawful, and the claimant is entitled to compensation including one-month salary in lieu of notice, unpaid leave, compensation for wrongful dismissal, house allowance, and costs.
Facts
Claimant was employed as a motor rewinder by respondent on October 4, 2014, with a monthly salary of Kshs. 22,000. He was dismissed on April 25, 2016, for gross misconduct. He claimed wrongful dismissal, damages, and other compensations.
Issues
- whether the dismissal was wrongful and unlawful
- whether the claimant deserves the reliefs sought
Reasoning
The court found the claimant was an employee and dismissed him for gross misconduct without a hearing or full pay. The claimant was awarded compensation for wrongful dismissal, unpaid leave, and house allowance.
Outcome
Claimant wins
Orders
- A declaration that the dismissal was wrongful
- Payment of one-month salary in lieu of notice
- Unpaid leave compensation
- Compensation for wrongful dismissal
- House allowance
- Costs of the suit
Remedies
- Declaration of wrongful dismissal
- Compensation for wrongful dismissal
- Unpaid leave compensation
- House allowance
- Costs of the suit
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (1)
- Robai Musinzi Vs Mohammed Safdar Khan (2012) 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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