Rono v Doinyo Lessoss Creameries Ltd (Cause 179 of 2017) [2022] KEELRC 4033 (KLR) (23 September 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 4033
- Citation
- [2022] KEELRC 4033 (KLR)
- Decided
- 23 September 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureClaimant's case proceeded undefendedCoramNJ ABUODHA
Holding
The termination of the claimant's service was unfair.
Facts
Claimant was employed as a casual employee by the respondent from May 29, 2013 until March 14, 2017. She was suspended for 14 days on the allegation of stealing milk products from her bag. She was later dismissed without a disciplinary hearing.
Issues
- Unlawful termination
- Unpaid dues
- Unfair dismissal
Reasoning
The court found that the respondent failed to provide witnesses to support their statement of response, thus failing to discharge the burden of proof required by law. The claimant was awarded one month's salary in lieu of notice, ten months' salary as compensation for unfair termination, and costs of the suit.
Outcome
Claimant's case awarded
Orders
- One month's salary in lieu of notice
- Ten months' salary as compensation for unfair termination
- Costs of the suit
Remedies
- Unpaid salary
- Unpaid leave dues
- Unpaid overtime
- Unpaid severance pay
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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