Wanagia v Security Group Kenya (Cause 2280 of 2015) [2022] KEELRC 1665 (KLR) (12 May 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1665
- Citation
- [2022] KEELRC 1665 (KLR)
- Decided
- 12 May 2022
Summary at a glance
TypeEmployment DisputePostureAppeal from an original trial decisionCoramOCHARO
The Court finds that the separation occurred on 16th September 2015, not 15th July 2015 as initially claimed by the Claimant. The termination was not fair.
Facts
The Claimant, Anzeliimo Ekeya Wanagia, was employed as a security guard by the Respondent, Security Group Kenya, from April 1999 to 15th July 2015. On 15th July 2015, the Claimant was assigned duties at Simba Complex, where a government operation was conducted. The Claimant was later terminated on 16th September 2015.
Issues
- How the separation in employment between the Claimant and the Respondent occurred
- Whether the termination was fair
- Whether the Claimant is entitled to the reliefs sought
- Who should bear the costs of this suit
Reasoning
The Court accepted the Claimant's position that he was told to be off duty on 16th September 2015 and was never called back. The Court held that the termination was not fair.
Outcome
The Court dismissed the Claimant's case and ordered the Respondent to bear the costs of the suit.
Orders
- Dismissal of the Claimant's case
- Order for the Respondent to bear the costs of the suit
Authorities cited
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