Joash v Menengai Oil Refineries Limited (Cause 178 of 2015) [2023] KEELRC 6 (KLR) (17 January 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 6
- Citation
- [2023] KEELRC 6 (KLR)
- Decided
- 17 January 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaimant seeks compensation for alleged unfair terminationCoramHS WASILWA
Holding
The dismissal is declared unfair and unjustified.
Facts
Claimant was employed as a turn boy from August 1, 2008, and was terminated on October 11, 2014. He claimed underpayments and unfair termination.
Issues
- whether the termination was unlawful
- whether the claimant is entitled to the reliefs sought
- whether costs should be awarded
Reasoning
The court found that the termination was without notice, explanation, and hearing, contrary to the Employment Act.
Outcome
Claimant awarded 1 month's salary in lieu of notice, underpayments, and compensation for unfair termination.
Orders
- Awarded 12,500 for 1 month's salary in lieu of notice
- Awarded 2,701.80 for underpayments
- Awarded 125,000 for compensation for unfair termination
- Less statutory deductions
- Respondent to pay costs and interest
Authorities cited
Legislation (1)
- Employment Act 2007
Cases cited (1)
- Rashid Jeneby V Prime Bank Limited [2015] eKLR
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.
Loading judgment…