Wepukhulu v Tofada Security Services Limited (Appeal E102 of 2023) [2024] KEELRC 1405 (KLR) (14 March 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1405
- Citation
- [2024] KEELRC 1405 (KLR)
- Decided
- 14 March 2024
Summary at a glance
TypeAppealPostureAppeal from the judgment of Hon. Chembani L.CoramM MBARŨ, J
The court found the termination of employment was not fair and justified, and ordered the respondent to pay various compensation claims.
Facts
The appellant, Gabrill Wepukhulu, claimed he was employed by the respondent, Tofada Security Services Limited, as a night security guard from January 31, 2020, to July 21, 2020. He alleged he was dismissed without notice, hearing, or payment of terminal dues. The respondent claimed gross misconduct and absconding duty.
Issues
- Whether the termination of employment was fair and justified
- Whether the claim of redundancy was valid
Reasoning
The court held that the respondent failed to provide a letter of termination and did not follow the procedural requirements for termination of employment. The court also found that the claim of redundancy was not valid.
Outcome
Affirmed the trial court's decision and ordered the respondent to pay various compensation claims.
Orders
- Ordered the respondent to pay notice pay, salary for June, underpayment, O&O, public holidays, unspent contract term, and 12 months' compensation
Remedies
- Compensation for various claims
Authorities cited
⚠ 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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