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Kenya National Private Security Workers Union v BOB` Morgan Services Limited (Cause 1627 of 2017) [2022] KEELRC 4130 (KLR) (30 September 2022) (Judgment)

[2022] KEELRC 4130 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
4130
Citation
[2022] KEELRC 4130 (KLR)
Decided
30 September 2022
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeUnfair TerminationPostureAppeal from an original trialCoramSC RUTTO
The Court found that the grievant was indeed granted two days leave and that the real reason for his termination was his alleged incitement of staff at Electricity House.

Facts

The grievant, Edward Luttah Ambutsi, was terminated by BOB` Morgan Services Limited on July 8, 2016, for being absent from work for two days. He claimed he was granted two days leave by his field officer, Daniel Langat, after his house allegedly burned down.

Issues

  • Whether the grievant’s termination was fair and lawful
  • Whether the grievant is entitled to compensatory damages

Reasoning

The Court held that the grievant was not absent from work but granted leave, and the disciplinary proceedings supported this. The Court awarded compensatory damages of Kshs 105,000.

Outcome

Compensatory damages of Kshs 105,000 awarded to the grievant, with interest, and costs of the suit borne by the respondent.

Orders

  • Compensatory damages of Kshs 105,000 awarded to the grievant
  • Costs of the suit borne by the respondent

Authorities cited

Legislation (1)
  • Employment Act (2007)
⚠ 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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