Mure Katana Chengo v Easytrans Limited [2021] KEELRC 317 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 317
- Citation
- [2021] KEELRC 317 (KLR)
- Decided
- 3 December 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant's AppealCoramBYRAM ONGAYA
Holding
The claimant is entitled to 7 days' pay in lieu of notice, totaling Kshs. 6,533.30, and a certificate of service.
Facts
The claimant was employed as a driver by the respondent on probationary service. The probationary period was extended multiple times due to accidents and misconduct. The claimant was terminated on 10.02.2017, and he claimed compensation for unlawful termination.
Issues
- Unlawful termination
- Probationary service termination
- Rest days and public holidays pay
Reasoning
The court found that the termination was due to gross misconduct and not in accordance with the Employment Act. The claimant was on probation for about six months and the termination was considered termination of the probationary service.
Outcome
Judgment in favor of the claimant for 7 days' pay and a certificate of service.
Orders
- Payment of Kshs. 6,533.30 by 24.12.2021
- Delivery of certificate of service by 24.12.2021
- Each party to bear own costs of the suit
Remedies
- Payment of 7 days' pay in lieu of notice
- Certificate of service
Authorities cited
Legislation (2)
- Employment Act, 2007
- Constitution of Kenya 2010
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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