Maxwell Simiyu Wamalwa v Comply Industries Limited [2022] KEELRC 362 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 362
- Citation
- [2022] KEELRC 362 (KLR)
- Decided
- 7 March 2022
The court finds that the termination of the Claimant's employment was unfair and unlawful due to lack of substantial and procedural fairness.
Facts
The Claimant, Maxwell Simiyu Wamalwa, was employed by the Respondent, Comply Industries Limited, as a supervisor from July 1, 2007 to July 9, 2014. The Respondent terminated his employment on July 9, 2014, which the Claimant claims was unfair and unlawful.
Issues
- Terms and conditions of employment
- Fairness and legality of termination
- Claimant's entitlement to relief
- Costs of litigation
Reasoning
The court determined that the Claimant was a month-to-month employee and that the termination was not in accordance with the Employment Act.
Outcome
The court ordered the reinstatement of the Claimant with full payment of his salaries up to the date of the judgment, awarded compensation for unfair and unlawful termination, and ordered the payment of interest and costs.
Orders
- Declaration that termination was unfair and unlawful
- Reinstatement with full payment of salaries
- Compensation for unfair and unlawful termination
- Interest on compensation
- Costs to the Claimant
Remedies
- Reinstatement with full payment of salaries
- Compensation for unfair and unlawful termination
- Interest on compensation
- Costs to the Claimant
Authorities cited
Legislation (1)
- Employment Act
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