Boniface Muhatia v Uba Kenya Bank Limited [2021] KEELRC 2096 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2096
- Citation
- [2021] KEELRC 2096 (KLR)
- Decided
- 24 February 2021
Summary at a glance
The dismissal was found to be unlawful and the Respondent is liable for it.
Facts
Claimant was employed as a Driver by Respondent from July 2009. He was dismissed on May 15, 2013, and claimed unfair dismissal. The Respondent denied the dismissal and claimed the Claimant deserted the employment for better pay.
Issues
- Unfair dismissal
- Outsourcing of employment
- Overtime pay
- Severance pay
- Notice period
Reasoning
The court found that the Respondent did not follow due process and the Claimant was not given a fair hearing. The act of outsourcing without securing the Claimant's terms and conditions as agreed with the company to whom he was outsourced was tantamount to a termination.
Outcome
Claimant wins
Orders
- One month's salary in lieu of notice
- Severance pay
- Overtime pay
- Compensation for unlawful dismissal
- Certificate of service
- Interest on the sums awarded
⚠ 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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