Mutunga v Radar Limited (Appeal E002 of 2023) [2023] KEELRC 2039 (KLR) (27 July 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2039
- Citation
- [2023] KEELRC 2039 (KLR)
- Decided
- 27 July 2023
Summary at a glance
TypeAppealPostureAppeal from the judgment of the Principal Magistrate's CourtCoramM MBARŨ
The appeal is allowed with an award of Kshs 53,898 compensation and Kshs 26,838 in leave pay and 50% costs of the appeal.
Facts
The appellant, Mutunga, claimed unfair termination of employment by Radar Limited on October 31, 2018, without due process. He sought compensation for one month's notice pay, unpaid leave days, unpaid public holidays, house allowance, and severance pay.
Issues
- Whether the termination of employment was lawfully done
- Whether the appellant was entitled to compensation for unpaid leave and public holidays
Reasoning
The court found that the termination of employment was not lawfully done due to lack of procedural fairness and due process. The appellant was entitled to compensation for unpaid leave and public holidays.
Outcome
Appeal allowed
Orders
- Award of Kshs 53,898 compensation
- Award of Kshs 26,838 in leave pay
- 50% costs of the appeal
Remedies
- Compensation for unpaid leave and public holidays
Authorities cited
⚠ 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.
Loading judgment…