John Mdoe Dena v Mulji Devraj & Brothers Limited [2021] KEELRC 2034 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2034
- Citation
- [2021] KEELRC 2034 (KLR)
- Decided
- 4 March 2021
Summary at a glance
TypeEmployment DisputePostureClaimant's AppealCoramLINNET NDOLO
The termination of the Claimant's employment was unlawful and unfair, and he is entitled to compensation.
Facts
The Claimant, John Mdoe Dena, claimed unlawful termination of his employment by Mulji Devraj & Brothers Limited as a Turnboy in February 2018. The Respondent disputed the claim, stating the termination was due to the Claimant's unauthorized absence.
Issues
- Whether the termination of the Claimant's employment was lawful and fair
- Whether the Claimant is entitled to the remedies sought
Reasoning
The Respondent failed to follow the proper disciplinary process as required by the Employment Act, and the Claimant's unauthorized absence was not a valid reason for termination.
Outcome
Claimant's claim upheld
Orders
- Award of 12 months' salary in compensation
- Award of 1 month's salary in lieu of notice
- Award of leave pay for 1 year
- Interest on the award
- Certificate of service
- Costs of the case
Remedies
- 12 months' salary in compensation
- 1 month's salary in lieu of notice
- Leave pay for 1 year
- Interest on the award
- Certificate of service
- Costs of the case
Authorities cited
⚠ 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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