Mbarak Abdulqadir Abdalla v County Government of Lamu & County Public Service Board, Lamu County [2022] KEELRC 234 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 234
- Citation
- [2022] KEELRC 234 (KLR)
- Decided
- 31 March 2022
Summary at a glance
TypeLabor DisputePostureAppeal from an original trial decisionCoramB. O. M. MANANI
The Respondents' termination of the Claimant's contract of employment is declared unlawful. The Claimant is awarded compensation for wrongful termination equivalent to five months gross salary.
Facts
The Claimant, Mbarak Abdulqadir Abdalla, was employed as a Chief of Staff by the County Government of Lamu through the County Public Service Board. His contract was terminated on August 17, 2017, without notice, and he was not informed of the termination until November 7, 2017.
Issues
- Whether the Respondents' termination of the Claimant's contract of employment was lawful.
- What remedies, if any, the Claimant is entitled to.
Reasoning
The termination was found unlawful as it was done without notice and without lawful reason. The law of contract requires that parties to a contract are bound by the terms of their contract and any variation must be by agreement.
Outcome
The Claimant is awarded compensation and other remedies.
Orders
- Termination of the Claimant's contract of employment declared unlawful.
- Award of compensation equivalent to five months gross salary.
- Award of interest on the compensation.
- Award of a Certificate of Service.
- Award of costs of the case.
Remedies
- Compensation for wrongful termination.
- Interest on the compensation.
- Certificate of Service.
- Costs of the case.
Authorities cited
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