Opuko v Labrak Security Services Limited (Cause 775 of 2018) [2024] KEELRC 1083 (KLR) (5 March 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1083
- Citation
- [2024] KEELRC 1083 (KLR)
- Decided
- 5 March 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaimant v RespondentCoramNZIOKI WA MAKAU
Holding
The Court found the termination unfair and ordered the Respondent to pay the Claimant one month's salary as payment in lieu of notice, unpaid salaries for February, March, and April 2017, severance pay, and costs of the suit.
Facts
The Claimant was employed as a Security Guard by the Respondent from April 2004 to December 2017. He was terminated on 22nd January 2018 without notice, and the Respondent denied issuing a termination letter.
Issues
- Unfair termination
- Underpayment
- Overtime work
- Service pay
- Unpaid leave
Reasoning
The Court held that the termination was unfair due to lack of notice, failure to provide notices and letters to show cause, and the Respondent's failure to notify the Labour Office of the reasons for termination.
Outcome
The Respondent is ordered to pay the Claimant the amounts specified in the holding.
Orders
- One month's salary as payment in lieu of notice - Kshs. 14,000/-
- Unpaid salary for the months of February, March, and April 2017 - Kshs. 42,000/-
- Salary for December 2017 and January 2018 - Kshs. 28,000/-
- Severance pay - Kshs. 91,000/-
- Costs of the suit
Remedies
- Interest at court rates on the sums in (a), (b), (c) and (d) above from date of judgment till payment in full.
Authorities cited
Legislation (2)
- Employment Act
- Regulation of Wages (General) (Amendment) Order, 2017
Cases cited (1)
- Abisalom Ajusa Magomere v Kenya Nut Company Limited [2014] 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.
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