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Ogalo v Skytrade Global Enterprises Limited (Cause E025 of 2023) [2023] KEELRC 2272 (KLR) (21 September 2023) (Judgment)

[2023] KEELRC 2272 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2272
Citation
[2023] KEELRC 2272 (KLR)
Decided
21 September 2023
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeUnfair Termination of EmploymentPostureClaimant seeks compensation for unfair termination and other terminal dues, Respondent seeks dismissal of claimant's claims.CoramM. MBARŨ
The termination of employment was unfair, and the claimant is entitled to notice pay, leave pay, and salary for 10 days worked in March 2023.

Facts

Claimant was employed as a quantity surveyor by Respondent on 15 October 2022. He was placed on probation and later extended for an indefinite period. On 10 March 2023, the Respondent terminated his employment without notice, citing gross misconduct.

Issues

  • Whether the termination of employment was unfair
  • Whether the claimant is entitled to terminal dues

Reasoning

The claimant was not given a reason for termination and was not given a hearing. The court found the termination to be unfair and awarded notice pay, leave pay, and salary for 10 days worked.

Outcome

Claimant wins, awarded notice pay, leave pay, and salary for 10 days worked.

Orders

  • Claimant awarded notice pay of Kshs. 149,407
  • Claimant awarded leave pay of Kshs. 18,301
  • Claimant awarded salary for 10 days worked of Kshs. 49,803
  • Claimant awarded 10 days' salary for 49,803 to be paid upon clearance and issuance of Certificate of Service
  • Each party to bear own costs

Authorities cited

Legislation (3)
  • Employment Act, 2007
  • Section 28 of the Employment Act
  • Section 35 of the Employment Act
⚠ 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.
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