Mayfair Holdings Ltd v Okutoto (Appeal E016 of 2021) [2023] KEELRC 562 (KLR) (2 March 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 562
- Citation
- [2023] KEELRC 562 (KLR)
- Decided
- 2 March 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a Judgment rendered on 6th April, 2021CoramCN BAARI, Madan
Holding
The termination was found to be unfair due to the employer's failure to provide fair procedure and valid reasons.
Facts
The Respondent, Daniel Lubanga Okutoto, was terminated by Mayfair Holdings Ltd. The Respondent claimed unfair termination and sought compensation.
Issues
- Whether the termination was fair
- Whether the Respondent absconded duty
Reasoning
The Court held that the Respondent was unfairly terminated due to the employer's failure to adhere to the Employment Act, specifically sections 41, 43, 45, and 47(5). The Court upheld the Trial Court's finding and granted the Respondent's claims.
Outcome
Affirmed
Orders
- Payment of one month's salary in lieu of notice, accrued leave, payment for 124 days worked without o, payment for public holidays worked, compensation for unlawful termination, issuance of a certificate of service, costs and interest
Authorities cited
Cases cited (3)
- United India Insurance Co. Ltd v East African Underwriters (Kenya) Ltd
- Abok James Odera t/a A.J Odera & Associates v John Patrick Machira t/a Machira & Co. Advocates
- Mary Mutanu Mwendwa v Ayuda
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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