Mbukha v CRJE (East Africa) Limited (Cause 767 of 2017) [2022] KEELRC 4059 (KLR) (30 June 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 4059
- Citation
- [2022] KEELRC 4059 (KLR)
- Decided
- 30 June 2022
Summary at a glance
TypeEmployment DisputePostureClaimant's Motion for JudgmentCoramM. MBARŨ
Claimant is entitled to compensation, notice pay, house allowance, and a certificate of service.
Facts
Claimant was employed as a causal worker by respondent. He was arrested for alleged collusion with a driver over missing cement. He was later released without any charges.
Issues
- Employment contract termination without notice
- Breach of statutory duty of care
- Fairness of termination process
- Calculation of compensation and other claims
Reasoning
Court found the employer did not submit work records and did not address any misconduct. Claimant was a full-time employee under the Employment Act, and his termination was unfair.
Outcome
Judgment in favor of claimant
Orders
- Compensation of Ksh.37,791.30
- Notice pay of Ksh.12,597.10
- House allowance of Ksh.13,440
- Certificate of service
Authorities cited
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