Oloo v H Young & Co (EA) Limited (Cause 654 of 2018) [2022] KEELRC 3792 (KLR) (28 July 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3792
- Citation
- [2022] KEELRC 3792 (KLR)
- Decided
- 28 July 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnlawful and unfair termination of employmentPostureAppeal from an original trialCoramNDOLO
Holding
The termination was procedurally and substantively unfair, and the claimant is awarded six months' salary in compensation and one month's salary in lieu of notice.
Facts
The claimant, Walter Ochieng Oloo, was employed by the respondent, H Young & Co (EA) Limited, as a driver. He was terminated on March 5, 2018, due to an accident he allegedly caused while driving the company's vehicle. The claimant claimed he was not at fault and blamed the vehicle's faulty head lights.
Issues
- Whether the termination of the claimant's employment was lawful and fair
- Whether the claimant is entitled to the remedies sought
Reasoning
The court found the termination to be unfair due to the lack of proof of the claimant's negligence and the procedural fairness requirements of the Employment Act.
Outcome
In favour of the claimant
Orders
- Award of six months' salary in compensation
- Award of one month's salary in lieu of notice
Remedies
- Compensation for six months' salary
- Compensation for one month's salary in lieu of notice
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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