Bhassar v Kensalt Limited (Cause 1416 of 2018) [2022] KEELRC 4080 (KLR) (29 September 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 4080
- Citation
- [2022] KEELRC 4080 (KLR)
- Decided
- 29 September 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a judgment awarding compensation for unfair terminationCoramJ. Rika
Holding
The judgment in favor of the claimant is upheld, and the respondent is ordered to pay certain amounts pending the appeal.
Facts
The claimant, Nisha Nileshbhai Bhassar, was awarded terminal benefits and compensation for unfair termination by the respondent, Kensalt Limited, totaling Kshs 6,886,113. The respondent filed a notice of appeal and an application for an order of stay of execution pending appeal.
Issues
- Fairness of termination
- Award of compensation
Reasoning
The court found termination to be unfair and awarded compensation equivalent to 12 months' salary. The respondent's appeal is dismissed, and the judgment is upheld.
Outcome
Judgment in favor of the claimant upheld
Orders
- Order of stay of execution pending appeal
- Payment of annual leave, notice, and salary for August 2018
- Payment of 1/4 of the compensation award pending appeal determination
- Release of certificate of service
Remedies
- Compensation for unfair termination
- Annual leave
- Notice
- Salary for August 2018
- Payment of 1/4 of the compensation award pending appeal determination
- Certificate of service
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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