Mbuvi v Real Management Services (2002) Limited (Cause 724 of 2018) [2023] KEELRC 2897 (KLR) (14 November 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2897
- Citation
- [2023] KEELRC 2897 (KLR)
- Decided
- 14 November 2023
Summary at a glance
TypeUnfair and Wrongful DismissalPostureAppeal from an original trial decisionCoramNZIOKI WA MAKAU
The Court finds the dismissal to be unfair and wrongful, and orders the Respondent to pay the Claimant Kshs. 26,100/- in unpaid house allowance, costs of the suit, and interest on the unpaid house allowance at court rates.
Facts
The Claimant, Fredrick Mutua Mbuvi, was employed as a caretaker by the Respondent, Real Management Services (2002) Limited, from March 2012. He was dismissed on January 5, 2018, for alleged tardiness. The Claimant claimed unfair and wrongful dismissal and refused to pay terminal dues.
Issues
- Unfair and wrongful dismissal
- Refusal to pay terminal dues
- House allowance
- Ex gratia payment
- Unlawful termination compensation
Reasoning
The Court held that the dismissal was unfair and wrongful due to the lack of a lawful reason and the failure to follow the required procedure. The Claimant was entitled to house allowance and interest on the unpaid amount.
Outcome
In favor of the Claimant
Orders
- Kshs. 26,100/- in unpaid house allowance
- Costs of the suit
- Interest on the unpaid house allowance at court rates
Remedies
- House allowance
- Costs
- Interest
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.
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