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Chibanza v Avc Management Co. Ltd t/a Mnarani Club (Appeal E005 of 2023) [2024] KEELRC 1530 (KLR) (13 June 2024) (Judgment)

[2024] KEELRC 1530 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1530
Citation
[2024] KEELRC 1530 (KLR)
Decided
13 June 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

TypeAppealPostureAppeal from the judgment of SPM Court at KilifiCoramAGNES KITIKU NZEI
Termination of the Appellant’s employment was unfair, and the Appellant is awarded compensation for unfair termination and terminal dues.

Facts

The Appellant was employed as a waiter by the Respondent from November 1, 2017, and was declared redundant on October 7, 2020, without notice or due process.

Issues

  • whether termination of the Appellant’s employment was unfair
  • whether the Appellant is entitled to compensation for unfair termination and terminal dues

Reasoning

The Appellant’s employment was terminated without notice, which rendered the termination unfair. The Appellant’s fixed term contract was on its homestretch, and the Appellant is awarded compensation for unfair termination and terminal dues.

Outcome

Appeal allowed, judgment set aside, compensation and terminal dues awarded to the Appellant.

Orders

  • compensation for unfair termination of employment kshs. 126,710
  • terminal dues kshs. 50,684

Remedies

  • compensation for unfair termination of employment
  • terminal dues

Authorities cited

Legislation (2)
  • Employment Act 2007
  • Collective Bargaining Agreement
⚠ 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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