Samuel Mutisya King’oo v Crje (East Africa) Limited [2022] KEELRC 866 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 866
- Citation
- [2022] KEELRC 866 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeUnlawful Termination of EmploymentPostureClaimant's Unopposed CaseCoramLINNET NDOLO
Holding
The Court finds the Claimant's claim of unlawful termination of employment valid and awards him six (6) months' salary in compensation and one (1) month's salary in lieu of notice.
Facts
Claimant was employed as a Mason on 17th September 2015 and was terminated on 16th April 2017 due to poor workmanship at a site in Karen. He was not given an opportunity to defend himself.
Issues
- Whether the Claimant has made out a case of unlawful termination of employment
- Whether the Claimant is entitled to the remedies sought
Reasoning
The Respondent failed to follow the disciplinary process as required by the Employment Act and did not provide the Claimant with an opportunity to defend himself.
Outcome
In favour of the Claimant
Orders
- Award of 6 months' salary in compensation
- Award of 1 month's salary in lieu of notice
- Award of house allowance (disallowed)
- Award of Certificate of Service
- Award of costs of the case
Remedies
- 6 months' salary in compensation
- 1 month's salary in lieu of notice
- House allowance (disallowed)
- Certificate of Service
- Costs of the case
Authorities cited
Legislation (1)
- Employment Act
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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