Wanyonyi v Quissal Enterprises Ltd (Cause 849 of 2017) [2023] KEELRC 1112 (KLR) (27 April 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1112
- Citation
- [2023] KEELRC 1112 (KLR)
- Decided
- 27 April 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial decisionCoramAK NZEI
Holding
The claimant was found to be an employee of the respondent, and the termination of his employment was found to be unfair.
Facts
The claimant, Silas Juma Wanyonyi, sued the respondent, Quissal Enterprises Ltd, alleging unfair termination of his employment as a truck driver. He claimed notice pay, accumulated leave days, maximum compensation for unlawful termination, and an order for a certificate of service.
Issues
- Whether the claimant was employed by the respondent.
- Whether the termination of the claimant's employment was unfair.
- Whether the claimant is entitled to the reliefs sought.
Reasoning
The court found that the claimant was employed by the respondent, earning ksh. 25,000 per month. The respondent failed to provide notice, an opportunity to be heard, and payment of terminal dues, thus the termination was found to be unfair.
Outcome
The claimant was found to be an employee and the termination was found to be unfair.
Orders
- The claimant was awarded notice pay, accumulated leave days, and maximum compensation for unlawful termination.
- The claimant was ordered to be issued with a certificate of service in conformity with section 51 of the Employment Act.
Remedies
- Notice pay
- Accumulated leave days
- Maximum compensation for unlawful termination
- Certificate of service
Authorities cited
Legislation (4)
- Employment Act
- Section 10(7) of the Employment Act
- Section 43(1) of the Employment Act
- Section 45(4) of the Employment Act
Cases cited (1)
- Walter Ogal Anuro v Teachers Service Commission (2013) eKLR
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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