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Nyaundi v Kilgoris Klassic Sacco Limited (Cause 1002 of 2015) [2022] KEELRC 14734 (KLR) (24 February 2022) (Judgment)

[2022] KEELRC 14734 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
14734
Citation
[2022] KEELRC 14734 (KLR)
Decided
24 February 2022
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

TypeEmployment DisputePostureRespondent denied employment and termination, Claimant sought various reliefsCoramOCHARO
Claimant was an employee of Respondent, termination was unfair

Facts

Claimant alleged wrongful termination by Respondent, Respondent denied and claimed Claimant was a stage attendant, not an employee

Issues

  • Whether Claimant was an employee of Respondent
  • Fairness of termination of employment

Reasoning

Court found Respondent's change in position on employment status undermined its case. Fairness of termination requires procedural and substantive justifications, neither of which were met.

Outcome

Claimant's claim for various reliefs upheld

Remedies

  • One month's salary in lieu of notice
  • Service gratuity
  • House allowance
  • 12 months' salary compensation

Authorities cited

Legislation (3)
  • Employment Act
  • Section 45
  • Section 43
Cases cited (2)
  • Lydia Moraa Obara v Tusker Mattresses Ltd
  • Prof. Macha Isunde v Lavington Security Guards Limited
⚠ 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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