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Nyanumba v British Broadcasting Corporation (Cause 13 of 2017) [2023] KEELRC 1589 (KLR) (30 June 2023) (Judgment)

[2023] KEELRC 1589 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1589
Citation
[2023] KEELRC 1589 (KLR)
Decided
30 June 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant v RespondentCoramJAMES RIKA
Holding

The Respondent's dismissal was unfair and unlawful. The Claimant is ordered to pay the Respondent Kshs 231,636, return the laptop and other items, and receive compensation for unfair termination.

Facts

The Claimant was employed by the Respondent as an Administrative Assistant and later a Business Development Coordinator. He was dismissed on December 31, 2016, without notice. He claimed unpaid salary, leave, service pay, and compensation for unfair termination.

Issues

  1. Unfair termination
  2. Unpaid leave
  3. Service pay
  4. Compensation for unfair termination

Reasoning

The Claimant was not dismissed summarily but advised to take annual leave. He was not entitled to service pay or annual leave. The dismissal was unfair due to the disciplinary process and lack of notice.

Outcome

Claimant loses

Orders

  • Claimant pays Respondent Kshs 231,636 with interest
  • Claimant returns laptop and other items
  • Claimant receives compensation for unfair termination

Remedies

  • Compensation for unfair termination
  • Interest on compensation

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.
Full judgment 0.2 MB · PDF

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