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Stephen Nyongesa Mukamani O v Carslake Nominees Limited t/a Diani Sea Resort & another [2021] KEELRC 1862 (KLR)

[2021] KEELRC 1862 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1862
Citation
[2021] KEELRC 1862 (KLR)
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeUnfair DismissalPostureClaimant vs RespondentsCoramBYRAM ONGAYA
The claimant is awarded salary for February 2020, leave days, and costs of the suit. The claimant is not entitled to severance pay, salary from the 2nd respondent, or terminal dues and pension.

Facts

The claimant was employed as an accountant by the 1st respondent. He was given additional duties for the 2nd respondent until February 2020 when he was summarily dismissed. The claimant alleged unfair dismissal, while the respondents denied it and claimed fair dismissal.

Issues

  • Unfair dismissal
  • Salary for February 2020
  • Leave days
  • Severance pay
  • Salary from 2nd respondent
  • Terminal dues and pension

Reasoning

The court found the dismissal to be unfair and awarded the claimant salary for February 2020 and leave days. The claimant's other claims were dismissed due to lack of contractual or statutory basis.

Outcome

For the claimant

Orders

  • Payment of Kshs.774, 003.00 (less PAYE) by 01.07.2020
  • Payment of costs of the suit

Remedies

  • Salary for February 2020
  • Leave days
  • Costs of the suit

Authorities cited

Legislation (1)
  • Employment Act, 2007
⚠ 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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