Olima v Prime Steel Mills Limited & another (Cause 2411 of 2016) [2023] KEELRC 873 (KLR) (14 April 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 873
- Citation
- [2023] KEELRC 873 (KLR)
- Decided
- 14 April 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePosturePart HearingCoramSC RUTTO
Holding
The claimant was an employee of the 2nd respondent, JOKALI HANDLING LIMITED, at the material time, and the termination was unfair.
Facts
The claimant, GAD BARASA OLIMA, was employed by Prime Steel Mills Limited (1st Respondent) as a general labourer and later as a machine operator. He was terminated on 9th September, 2015, by his immediate supervisor, Mr. Kidero, who accused him of disobedience and deance.
Issues
- Who was the claimant’s employer at the material time?
- Whether the claimant was unfairly and unlawfully terminated from employment.
- Is the claimant entitled to the reliefs sought?
Reasoning
The Court determined that the claimant was employed by the 2nd respondent and not the 1st respondent. The 1st respondent failed to provide substantively justication for the termination.
Outcome
The claimant was awarded notice pay, compensatory damages, and payment in lieu of leave not taken.
Orders
- The 2nd respondent shall pay the claimant Kshs 128,800.00 in damages.
- The 2nd respondent shall bear the costs of the suit.
Remedies
- Notice Pay
- Compensatory Damages
- Payment in lieu of leave not taken
Authorities cited
Legislation (1)
- Employment Act
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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