Wasike Hashim v Brinks Security Services Limited [2021] KEELRC 538 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 538
- Citation
- [2021] KEELRC 538 (KLR)
Summary at a glance
TypeEmployment DisputePostureAppeal from an original trial decisionCoramHon. Justice Dr. Jacob Gakeri
The Court found the Claimant’s termination unlawful and awarded him one month’s salary in lieu of notice, equivalent of 3 months’ salary as damages for wrongful dismissal, and leave and severance pay for 3.5 years.
Facts
The Claimant, Wasike Hashim, was employed by Brinks Security Services Limited from August 2011 to February 2015. He was dismissed on February 17, 2015, without any warning or justifiable cause. The Respondent claimed the Claimant absconded duty and failed to report to work.
Issues
- Whether the dismissal was unlawful
- Whether the Claimant is entitled to the reliefs sought
Reasoning
The Court determined that the dismissal was unlawful due to the lack of procedural fairness and substantive fairness as per the Employment Act. The Claimant was awarded compensation based on his service duration and conduct.
Outcome
The appeal was upheld, and the dismissal was declared unlawful.
Orders
- Declaration of wrongful dismissal
- Award of one month’s salary in lieu of notice
- Award of equivalent of 3 months’ salary as damages for wrongful dismissal
- Award of leave and severance pay for 3.5 years
Remedies
- Declaration of wrongful dismissal
- Compensation for wrongful dismissal
- Compensation for leave and severance pay
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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