Peter Munywoki Nzivo v Nguvu Construction & Mining Company Limited [2022] KEELRC 471 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 471
- Citation
- [2022] KEELRC 471 (KLR)
- Decided
- 18 March 2022
Summary at a glance
TypeUnfair TerminationPostureAppeal from original trialCoramLenaola
The claimant's employment was not continuous from July 2008 due to a break in February 2015. The claimant is entitled to compensation for wrongful termination.
Facts
Claimant served as a plant operator for the respondent from July 2008 to February 2016. He was terminated on February 26, 2016, and claimed wrongful termination.
Issues
- Whether there was a break in the claimant's employment?
- Whether the claimant had a right to claim unfair termination?
- Whether the respondent had cause to dismiss the claimant?
- Whether the claimant was accorded a fair hearing?
- Is the claimant entitled to the reliefs sought?
Reasoning
The court found that the claimant's employment was not continuous due to a break in February 2015. The court also ruled that the claimant is entitled to compensation for wrongful termination.
Outcome
The claimant is awarded Kshs 200,000 in compensation for wrongful termination.
Orders
- One-month salary in lieu of notice being Kshs 50,000.
- Interest on the amount in (c) at court rates from the date of Judgement until payment in full.
Remedies
- Compensation for wrongful termination.
Authorities cited
⚠ 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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