Ali v Brinks Security Services Limited (Cause 420 of 2017) [2023] KEELRC 481 (KLR) (23 February 2023) (Judgment)

Summary at a glance

Facts

The Claimant, Said Omar Ali, was employed by Brinks Security Services Limited as a security guard from August 2013. He was dismissed on December 31, 2016, and claimed unfair termination. The Respondent denied the claim and counter-claimed for one month's salary in lieu of notice and lost/unrefunded items.

Issues

• whether the Claimant's employment was terminated by the Respondent on 31st December 2016
• whether termination of the Claimant's employment was unfair
• whether the Claimant is entitled to the reliefs sought by him
• whether the Respondent is entitled to the reliefs sought in the counter-claim

Reasoning

The Respondent did not demonstrate compliance with the mandatory procedure for termination of employment as per Section 41 of the Employment Act. The Claimant established, on a balance of probability, that his employment was terminated on 31st December 2016.

Outcome

The Court finds in favor of the Claimant and orders the Respondent to pay the claimed amounts.

Orders

• The Respondent is ordered to pay the Claimant one month's salary in lieu of notice (ksh. 10,000), December 2016 salary (ksh. 10,000), service pay for 3 years (ksh. 15,000), and compensation for unfair termination (ksh. 120,000).

Remedies

• The Respondent is ordered to pay the Claimant the total amount of ksh. 185,000

Authorities cited