Were v Eldo Matt Supermarket Ltd (Cause 11 of 2017) [2022] KEELRC 64 (KLR) (9 May 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 64
- Citation
- [2022] KEELRC 64 (KLR)
- Decided
- 9 May 2022
The termination was unfair due to lack of procedural fairness, and the claimant is awarded four months' salary for unfair termination of service, one month's salary in lieu of leave, and costs.
Facts
The claimant, Zedeckiah Amakohe Were, was employed as a shelf/shop attendant by the respondent, Eldo Matt Supermarket Ltd, from March 1, 2013, until August 4, 2014. The claimant was dismissed on August 4, 2014, on the grounds of planning a strike. He claimed unfair dismissal and sought compensation for terminal dues, service pay, and leave.
Issues
- Whether the termination was fair
- Whether the claimant was paid his terminal dues and service pay
Reasoning
The court found that the claimant was dismissed without a disciplinary hearing, which violated procedural fairness. The claimant's contribution to the situation was considered, and a reasonable award was made.
Outcome
In favor of the claimant
Orders
- Award of four months' salary for unfair termination of service
- Award of one month's salary in lieu of leave
- Award of costs to the claimant
Remedies
- Compensation for unfair termination
- Compensation for leave
- Award of costs
Authorities cited
Legislation (1)
- Employment Act
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