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Lucas Onyango Saoke v Robinson Security Group [2021] KEELRC 870 (KLR)

[2021] KEELRC 870 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
870
Citation
[2021] KEELRC 870 (KLR)
Decided
28 September 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 TerminationPostureClaimant's AppealCoramHON. LADY JUSTICE HELLEN WASILWA
The claimant's dismissal was unfair and unjustified.

Facts

Claimant was employed as an operations manager by the Respondent from July 9, 2014, earning Kshs. 53,000 per month. He alleged unfair treatment, including unpaid leave, overtime, and house allowance, and constructive dismissal in June 2016.

Issues

  • Unfair termination
  • Constructive dismissal
  • Payment of salary and benefits

Reasoning

The court found that the claimant was constructively dismissed from work in June 2016 due to unpaid salary and absconding duty, and awarded compensation and other remedies.

Outcome

Claimant's appeal upheld, with compensation and other remedies awarded.

Orders

  • 1 month salary in lieu of notice
  • Balance of June 2016 pay
  • 1 year leave pay not taken
  • Unpaid house allowance
  • Compensation equivalent to 6 months salary for unfair termination

Remedies

  • 1 month salary in lieu of notice
  • Balance of June 2016 pay
  • 1 year leave pay not taken
  • Unpaid house allowance
  • Compensation equivalent to 6 months salary for unfair termination

Authorities cited

Legislation (1)
  • Employment Act No. 11 of 2007
Cases cited (2)
  • Stanley Kauga Nkaricha v Meru Teachers College and another [2016] eklr
  • Super marine handling Service Ltd v KRA CA No. 85 of 2006
⚠ 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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