Mwashegwa v Apm Terminals Limited (Cause 55 of 2018) [2022] KEELRC 1671 (KLR) (27 May 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1671
- Citation
- [2022] KEELRC 1671 (KLR)
- Decided
- 27 May 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureClaimant v RespondentCoramBYRAM ONGAYA
Holding
The dismissal was not unfair, and the claimant is entitled to prorated January salary and a declaration that the dismissal was not unlawful.
Facts
Claimant James Wangio Mwashegwa was employed by Apm Terminals Limited on January 1, 2001, as an Operations lead and Depot Surveyor. He was terminated on January 18, 2018, without notice or payment in lieu.
Issues
- Unfair dismissal
- Payment in lieu of notice
- Leave pay
- Overtime pay
- January salary
- Certification of service
Reasoning
The respondent established valid reasons for termination, and due procedure was followed. The claimant's other claims were denied.
Outcome
Judgment entered for the respondent, dismissing the claimant's claims.
Orders
- Payment of prorated January salary of Kshs. 35,419.40 by 01.07.2022
- Each party to bear own costs of the suit
- Declaration that the summary dismissal was not unfair or unlawful
Remedies
- Prorated January salary
- Declaration of non-unfair dismissal
Authorities cited
Legislation (2)
- Employment Act, 2009
- ILO Convention on Termination of Employment, 1982
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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