Jason v Bobmil Industries Ltd (Cause 409 of 2019) [2024] KEELRC 2504 (KLR) (18 October 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2504
- Citation
- [2024] KEELRC 2504 (KLR)
- Decided
- 18 October 2024
Summary at a glance
TypeEmployment DisputePostureAppeal from the original trialCoramOngaya
The Court finds the termination wrongful and orders the respondent to pay the claimant Kshs.1, 402,917.00 (less PAYE) by 01.12.2024, costs of the suit, and a certificate of service.
Facts
Claimant Wilfred Mbiti Jason was employed by respondent Bobmil Industries Ltd as a Logistic Manager from December 28, 2015. He was terminated on March 6, 2019, without notice or explanation. He claimed wrongful termination and sought compensation.
Issues
- Whether the termination was wrongful
- Whether the claimant is entitled to lost salary claims up to age 65
Reasoning
The Court found no contractual provision for retirement at age 65 and declined lost salary claims. The claimant was a member of NSSF and thus excluded from service pay.
Outcome
In favor of the claimant
Orders
- Award of 3 months' salaries of Kshs. 555,000.00
- Certificate of service
- Costs of the suit
Remedies
- Declaration of wrongful termination
- Compensation of Kshs. 1,402,917.00 (less PAYE)
Authorities cited
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