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Ouma v ISL Kenya Limited (Cause 1051 of 2017) [2022] KEELRC 4040 (KLR) (29 September 2022) (Judgment)

[2022] KEELRC 4040 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
4040
Citation
[2022] KEELRC 4040 (KLR)
Decided
29 September 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from a decision of the Labour Relations CourtCoramJAMES RIKA
Holding

The Claimant's position is found to be redundant, but the termination process was flawed. The Claimant voluntarily discharged the Respondent from further claims after receiving payment.

Facts

The Claimant was terminated as a Loader on 24th August 2016 without notice, and was not given a hearing or compensation. He was paid Kshs. 18,997 on the date of termination.

Issues

  1. Unfair dismissal
  2. Invalid termination reason
  3. Procedure under the Employment Act

Reasoning

The Court found that the termination was not in accordance with the Employment Act, and the Claimant had already been paid.

Outcome

The Claim is dismissed.

Orders

  • The Claim is dismissed.
  • No order on the costs.

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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