Ariri v Watchdog Limited (Appeal E076 of 2022) [2024] KEELRC 1077 (KLR) (11 March 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1077
- Citation
- [2024] KEELRC 1077 (KLR)
- Decided
- 11 March 2024
Summary at a glance
TypeAppealPostureAppeal from a judgment of the Hon. M. W. Murage Senior Resident MagistrateCoramNZIOKI WA MAKAU
The Judgment and decree of the Hon. M. W. Murage Senior Resident Magistrate dated 2nd June 2022 is affirmed save that the Appellant is awarded one month's salary as compensation being Kshs. 13,500/- for the unfair dismissal.
Facts
The Appellant, Samuel Mogaka Ariri, was terminated by the Respondent, Watchdog Limited, and filed a wrongful termination case against the Respondent.
Issues
- Magistrate's error in fact and law in finding Appellant not proved his case
- Failure to award notice pay, days worked, and annual leave
- Disregard of Appellant's evidence, submissions, and authorities
- Contrary to established case law and precedent
- Inconsistent with proceedings and law
Reasoning
The Appellant's claims were not supported by evidence and the Magistrate's decision was consistent with the law and precedent.
Outcome
The appeal is allowed, and the Judgment of the Subordinate Court is set aside.
Orders
- One month's salary of Kshs. 13,500/- as compensation for unfair dismissal
- Payment of Kshs. 25,000/- as costs for the appeal
Remedies
- Compensation for unfair dismissal
- Payment of costs for the appeal
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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