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Makora v Simba Coach Ltd (Appeal 27 of 2019) [2023] KEELRC 1492 (KLR) (13 June 2023) (Judgment)

[2023] KEELRC 1492 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1492
Citation
[2023] KEELRC 1492 (KLR)
Decided
13 June 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the Chief Resident MagistrateCoramAN MWAURE
Holding

The appeal is dismissed, and the court awards general damages of 3 to 5 months' salary.

Facts

The appellant, Jacob Ongere Makora, was terminated by Simba Coach Ltd and sought compensation and other benefits under the Employment Act, 2007.

Issues

  1. Whether the termination was due to redundancy
  2. Whether the appellant was entitled to severance pay, house allowance, leave, and overtime

Reasoning

The court found no evidence of redundancy and denied the appellant's claims for severance pay, house allowance, leave, and overtime.

Outcome

Appeal dismissed

Orders

  • Judgment in favor of the respondent
  • Award of general damages of 3 to 5 months' salary
  • Order for each party to meet their costs of the appeal

Remedies

  • General damages of 3 to 5 months' salary
  • Costs of the appeal

Authorities cited

Legislation (1)
  • Employment Act, 2007
Cases cited (1)
  • Kenya Airways Ltd v Aviation & Allied Workers Union Kenya and 3 others Civil Appeal No 46 of 2013
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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