Dixon Mbarie Otipi v Inter Security Services Limited [2021] KEELRC 1767 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1767
- Citation
- [2021] KEELRC 1767 (KLR)
- Decided
- 29 April 2021
Summary at a glance
TypeUnfair and Unlawful TerminationPostureClaimant proceeded exparte, Respondent failed to attend hearingCoramHON. LADY JUSTICE HELLEN WASILWA
The Court finds the claimant's dismissal unfair and unlawful
Facts
Claimant Dixon Mbarie Otipi was employed by Respondent Inter Security Services Limited from 2009 to 2012. He was dismissed without any reason or opportunity to be heard.
Issues
- Unfair termination
- Procedural fairness
- Substantive justification
Reasoning
The claimant was not given a reason for dismissal and no internal disciplinary process was followed. The Court found the dismissal to be unfair and unlawful.
Outcome
Claimant awarded 1 month salary in lieu of notice, unpaid leave compensation, and compensation for unlawful and unfair termination
Orders
- 1 month salary in lieu of notice
- Unpaid leave compensation for 3 years
- Compensation for unlawful and unfair termination
Remedies
- 1 month salary in lieu of notice
- Unpaid leave compensation for 3 years
- Compensation for unlawful and unfair termination
Authorities cited
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