Cheptorus v Miral Welfare Foundation Kenya (Appeal E018 of 2022) [2023] KEELRC 259 (KLR) (1 February 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 259
- Citation
- [2023] KEELRC 259 (KLR)
- Decided
- 1 February 2023
Summary at a glance
TypeAppealPostureFirst appeal from the dismissal of an unfair termination of employment claimCoramRADIDO, J
The termination of the Appellant's employment was unfair, and he is awarded Kshs 180,000/- as compensation and Kshs 36,000/- salary in lieu of notice.
Facts
The Appellant, Meshack Kiplagat Cheptorus, alleged unfair termination of employment and breach of constitutional rights by the Respondent, Miral Welfare Foundation Kenya. The trial Magistrate dismissed the case with costs.
Issues
- Unfair termination of employment
- Discrimination
- Salary arrears
- Service pay
- House allowance
Reasoning
The trial court found the termination to be a summary dismissal due to a reported theft, but the Appellant did not receive a show-cause notice or an oral hearing.
Outcome
Appeal successful
Orders
- Judgment of the trial court set aside
- Substituted with findings/orders
Remedies
- Compensation of Kshs 180,000/-
- Salary in lieu of notice of Kshs 36,000/-
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…