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Cheruiyot & 3 others v Sunrise(1976) Limited (Cause 391, 390, 389 & 388 of 2015 (Consolidated)) [2022] KEELRC 111 (KLR) (31 May 2022) (Judgment)

[2022] KEELRC 111 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
111
Citation
[2022] KEELRC 111 (KLR)
Decided
31 May 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramHON. LADY JUSTICE HELLEN WASILWA
Holding

The termination was unfair and unjustified.

Facts

Claimants were dismissed for allegedly purchasing milk from a neighbor's farm, despite no investigation or disciplinary hearing. They were team leaders and were held accountable for the actions of one of their team members.

Issues

  1. Unlawful termination
  2. Fairness of termination
  3. Unpaid salary and benefits

Reasoning

The court found that the dismissal was not supported by a valid reason and no disciplinary process was followed. The court awarded compensation and reinstatement.

Outcome

Affirmed

Orders

  • 1 month salary in lieu of notice for each claimant
  • 10 months salary as compensation for unlawful dismissal
  • Salary for February 2015 for each claimant
  • Each claimant should be issued with a certificate of service
  • Respondent to pay costs of the suit plus interest

Remedies

  • Reinstatement
  • Compensation for unlawful dismissal

Authorities cited

Legislation (1)
  • Employment Act 2007
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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