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Nason Nyamasyo Kieti & another v Benson Mutie Maithya t/a Tornson Agencies [2021] KEELRC 565 (KLR)

[2021] KEELRC 565 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
565
Citation
[2021] KEELRC 565 (KLR)
Decided
5 November 2021
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 TerminationPostureAppeal from the original trialCoramBYRAM ONGAYA
The termination was procedurally unfair, and the claims for unfair termination, compensation, and notice pay are dismissed.

Facts

The claimants were employed as field officers to collect rents from tenants. They were terminated verbally on 29.08.2017 without any hearing or payment of August 2017 wages.

Issues

  • Contract of service
  • Termination
  • Underpayment
  • Annual leave

Reasoning

The Court finds that the claimants absconded duty and terminated their employment by themselves, and the respondent never terminated the claimants' employment.

Outcome

The suit is hereby determined with orders.

Orders

  • The respondent to deliver the claimants' respective certificates of service in 30 days.
  • Each party to bear own 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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