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Changoek v Redshark Limited (Cause 76 of 2018) [2023] KEELRC 67 (KLR) (24 January 2023) (Judgment)

[2023] KEELRC 67 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
67
Citation
[2023] KEELRC 67 (KLR)
Decided
24 January 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaimant v RespondentCoramHS WASILWA, Rika
Holding

The Court finds the Claimant was terminated unfairly and awards compensation for the unfair termination.

Facts

The Claimant was employed as a casual labourer by Respondent from April 23, 2014, and was terminated in November 2017. The Claimant alleged unfair termination, while the Respondent denied it and claimed the contract expired by e-fluxion of time.

Issues

  1. Whether the termination was unfair
  2. Whether the Claimant was entitled to severance pay and other benefits

Reasoning

The Court found that the contract expired by e-fluxion of time and that the Claimant was not underpaid. The Court awarded compensation for the unfair termination.

Outcome

Claimant wins

Orders

  • Award of 1 month salary in lieu of notice
  • Award of 8 months salary as compensation for unfair termination
  • Removal of statutory deductions
  • Payment of costs and interest

Remedies

  • Compensation for unfair termination
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.
Full judgment 0.2 MB · PDF

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