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Kibirir v Mediheal Hospital & Fertility Centre (Cause 80 of 2017) [2022] KEELRC 1167 (KLR) (9 May 2022) (Judgment)

[2022] KEELRC 1167 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1167
Citation
[2022] KEELRC 1167 (KLR)
Decided
9 May 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from the original trialCoramNJ ABUODHA
Holding

The claimant's service was unfairly terminated as he was never subjected to a disciplinary hearing before termination.

Facts

Claimant was employed as a chef at respondent's cafeteria from February 5, 2012, until November 22, 2015. He was terminated on November 22, 2015, without a disciplinary hearing.

Issues

  1. Unfair termination
  2. Service gratuity
  3. Overtime pay
  4. House allowance
  5. Compensation for unfair termination

Reasoning

The court found that the respondent failed to follow due procedures and provide evidence of reasonable steps taken to subject the claimant to a disciplinary process.

Outcome

Awarded the claimant three months' salary as compensation for unfair termination, house allowance, and costs of the suit.

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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