Jim Oyugi Otieno v Ambassador Security Services [2021] KEELRC 857 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 857
- Citation
- [2021] KEELRC 857 (KLR)
- Decided
- 30 September 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureDefendant failed to file a responseCoramAGNES M.K. NZEI
Holding
Claimant's dismissal was unlawful and unfair, and the court awards damages for unfair termination.
Facts
Claimant was employed as a security guard by Respondent from August 2012 to August 2016. The Respondent defaulted in paying the Claimant's salary and contributions, and terminated his employment without following due process.
Issues
- Unlawful/unfair termination of employment
- Payment of terminal dues and damages
Reasoning
The court found that the termination was unlawful and unfair, and that the Claimant was entitled to damages for unfair termination, but not for the claim for damages for unfair termination.
Outcome
Judgment in favor of Claimant for one month salary in lieu of notice, payment in lieu of leave, severance pay, and three months salary as damages for unfair termination.
Orders
- One month salary in lieu of notice
- Payment in lieu of leave
- Severance pay
- Three months salary as damages for unfair termination
Remedies
- Costs of the suit and interest at court rates
Authorities cited
Legislation (1)
- Employment Act 2007
Cases cited (1)
- Robai Musinzi –vs- Safdar Mohammed Khan [2012] eKLR
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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