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Erick Murungi Njagi v Clarion Hotel Limited [2022] KEELRC 313 (KLR)

[2022] KEELRC 313 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
313
Citation
[2022] KEELRC 313 (KLR)
Decided
13 April 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant's Case vs Respondent's Case
Holding

The claimant's termination was unlawful.

Facts

Claimant worked as a Waiter and later promoted to Barman for Clarion Hotel Limited from April 20, 2013. He was terminated on August 12, 2016, without notice or warning, and claimed wrongful termination and breach of contract.

Issues

  1. Was the claimant lawfully terminated?
  2. Is he entitled to the reliefs prayed?

Reasoning

The court ruled that the employer must provide a valid reason for termination and inform the employee in a language they understand, as per the Employment Act.

Outcome

The claimant's claim for wrongful termination and breach of contract is upheld.

Orders

  • Order directing the Respondent to pay the Claimant his contractual dues
  • Order declaring the termination of the Claimant's employment unlawful

Remedies

  • Damages for breach of contract
  • Compensation for wrongful termination and service
  • Exemplary damages for breach of constitutional rights

Authorities cited

Legislation (1)
  • Employment Act
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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