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Wabwire v Techno Steel Industries Limited (Cause 993 of 2017) [2023] KEELRC 1659 (KLR) (6 July 2023) (Judgment)

[2023] KEELRC 1659 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1659
Citation
[2023] KEELRC 1659 (KLR)
Decided
6 July 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnlawful DismissalPostureAppeal from the original trialCoramMATHEWS N. NDUMA
Holding

The termination was unlawful and unfair, and the claimant is entitled to compensation and other benefits.

Facts

The claimant, Benson Wabwire, was employed by Techno Steel Industries Limited as a general worker from April 2, 2014 until August 30, 2016. He was terminated on August 30, 2016 without notice or hearing, and was not paid salary or terminal benefits.

Issues

  1. Whether the termination was lawful and fair
  2. Whether the claimant absconded work

Reasoning

The Court found that the claimant was chased away from work for filing a civil suit and was not paid salary for August 2016. The Court also awarded service gratuity and compensation for the unlawful termination.

Outcome

Judgment in favor of the claimant

Orders

  • Arrear salary for August 2016
  • One month salary in lieu of notice
  • Payment in lieu of untaken leave days
  • Service pay for the completed 5 months service in 2016
  • Compensation for the unlawful termination

Remedies

  • Interest at Court rates from date of judgment till payment in full
  • Costs of the suit

Authorities cited

Legislation (1)
  • Employment Act, 2007
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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