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Odoyo v Invesco Assurance Company Limited (Employment and Labour Relations Cause 672B of 2014) [2024] KEELRC 1270 (KLR) (23 May 2024) (Judgment)

[2024] KEELRC 1270 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1270
Citation
[2024] KEELRC 1270 (KLR)
Decided
23 May 2024
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeEmployment and Labour RelationsPostureClaimant's appeal against summary dismissalCoramMathews Nderi Nduma
Dismissal was unlawful and unfair, claimant awarded compensation equivalent to 8 months' salary and interest

Facts

Claimant was dismissed without notice or justifiable reason on 12/7/2013, accused of executing duties negligently leading to a loss of Kshs. 2,118,257/=. He was given 14 days to show cause and was not given all the files for reconciliation.

Issues

  • Unlawful and unfair dismissal
  • Reliefs sought including salary in lieu of notice, leave days, salary for remainder of contract, and damages

Reasoning

Claimant proved unlawful and unfair dismissal, awarded compensation and other remedies as per section 49 of the Employment Act.

Outcome

Claimant's appeal successful

Orders

  • Awarded Kshs. 44,090/= in lieu of notice
  • Awarded Kshs. 352,720/= in compensation
  • Awarded interest from date of judgment
  • Awarded costs of the suit
  • Awarded certificate of service within 30 days

Remedies

  • Compensation
  • Notice pay
  • Interest
  • Costs
  • Certificate of service

Authorities cited

Legislation (1)
  • Employment Act
Cases cited (2)
  • Civil Appeal No. B13 of 2012 KPLC Ltd versus Pamela Ogunyo
  • Petition 37 of 2018 Ken freight EA Limited versus Benson K Nguti
⚠ 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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