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Doshi and Company (Hardware) Limited v Karisa Charo Mwayaya [2022] KEELRC 609 (KLR)

[2022] KEELRC 609 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
609
Citation
[2022] KEELRC 609 (KLR)
Decided
24 February 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the judgment and decree of the Learned Principal Magistrate Hon. Lesootia A.S in Mombasa CMELRC No. 479 of 2019CoramAGNES KITIKU NZEI
Holding

The Court finds the termination procedurally and substantively unfair, upholds the trial court's award of compensation for unfair termination and accrued leave days.

Facts

Karisa Mwayaya sued Doshi & Company (Hardware) Limited for wrongful termination, alleging unfair dismissal and demanding compensation and other benefits.

Issues

  1. Unfair termination of employment
  2. Compensation for accrued leave days
  3. Procedural fairness of termination

Reasoning

The Court held that the termination was procedurally unfair and procedurally and substantively unfair, and awarded compensation for accrued leave days.

Outcome

Appeal dismissed with costs to the Respondent

Remedies

  • Compensation for accrued leave days
  • Compensation for unfair termination

Authorities cited

Legislation (1)
  • Employment Act 2007
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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