Nyabwari v Label Converters Ltd (Cause 139 of 2017) [2022] KEELRC 3993 (KLR) (10 June 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3993
- Citation
- [2022] KEELRC 3993 (KLR)
- Decided
- 10 June 2022
Summary at a glance
TypeUnfair DismissalPostureAppeal from a Labour Court decisionCoramJAMES RIKA
Claimant is awarded 4 months' salary in compensation for unfair termination, 1-month salary in lieu of notice, and annual leave at Kshs. 21,710.
Facts
Claimant was employed as a Machine Operator by Respondent in 2014. In October 2016, his contract was terminated without notice. He joined the printing Union (KUPRIPUPA) in May 2016.
Issues
- Unfair termination
- Service pay
- Annual leave
- Underpayment of salary
- Dismissal on account of joining KUPRIPUPA
Reasoning
Claimant's employment was terminated without notice and without a warning, and he was not paid terminal dues. He was not eligible for service pay and has not established underpayment of salary.
Outcome
Claimant wins, Respondent pays compensation and costs.
Orders
- Annual leave at Kshs. 21,710
- Compensation at Kshs. 53,760
- Notice at Kshs. 13,440
Remedies
- Annual leave
- Compensation for unfair termination
- Notice pay
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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