Tom Otieno Midianga v Wilham Kenya [2021] KEELRC 1355 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1355
- Citation
- [2021] KEELRC 1355 (KLR)
Summary at a glance
The termination of the Claimant's employment was unfair and unlawful, and he is entitled to compensation for 12 months and unpaid wages for Sundays worked.
Facts
Claimant was employed as an Airport Supervisor and later Export Supervisor. He worked Sundays without pay and was suspended and later terminated for allegedly failing to provide finished products on time.
Issues
- Unfair termination
- Unpaid wages for Sundays worked
- Compensation for unlawful dismissal
Reasoning
The termination was unfair as it was not based on the employee's fault and the employer failed to provide a fair hearing. The claim for continuing injury is capped at 1 year, and the only claims that hold are for Sundays in 2012 and 2013.
Outcome
Claimant wins
Orders
- Declaration of unfair termination
- Compensation for 12 months
- Unpaid wages for Sundays worked
- Costs of the suit
- Interest on compensation and wages
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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