Nginga v South Lake Junction Rocky Resort Limited (Employment and Labour Relations Cause 118 of 2018) [2023] KEELRC 1107 (KLR) (4 May 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1107
- Citation
- [2023] KEELRC 1107 (KLR)
- Decided
- 4 May 2023
Summary at a glance
TypeEmployment and Labour RelationsPostureAppeal from original trialCoramDN NDERITU
This court declares the dismissal wrongful, unfair, and unlawful and awards the Claimant Kshs.158,250/= in total.
Facts
The Claimant, Francis Mbinda Nginga, was dismissed by the Respondent, South Lake Junction Rocky Resort Limited, on or about December 27, 2017. The Claimant claimed wrongful dismissal, unfair dismissal, and other damages.
Issues
- Was the Claimant wrongfully, unfairly, and unlawfully dismissed?
- If so, is the Claimant entitled to the reliefs sought?
- Who meets the costs in this cause?
Reasoning
The court found that the dismissal was wrongful, unfair, and unlawful due to the lack of notice and the Claimant's absence from work.
Outcome
The Claimant's appeal is upheld, and the Respondent is ordered to pay the Claimant Kshs.158,250/=. Costs are awarded to the Claimant.
Orders
- A declaration that the dismissal was wrongful, unfair, and unlawful.
- Award of Kshs.158,250/=
- Denial of other claims.
- Award of costs to the Claimant.
Remedies
- Declaration of wrongful dismissal.
- Compensation of Kshs.158,250/=
⚠ 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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