Tiparo v Stephen Macharia t/a Vinky Security Ltd (Employment and Labour Relations Cause 161 of 2018) [2024] KEELRC 428 (KLR) (29 February 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 428
- Citation
- [2024] KEELRC 428 (KLR)
- Decided
- 29 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureClaimant seeks declaration of unfair termination and payment of dues, Respondent seeks dismissal of claimCoramMA ONYANGO
Holding
The termination of the Claimant's employment was unlawful and unfair, and she is entitled to one-month pay in lieu of notice, pro rata leave, overtime, and house allowance.
Facts
Claimant was employed as a security guard by Respondent from March 15, 2017 to July 31, 2017. She was terminated on July 31, 2017 without any reason. The Respondent did not provide leave pay, one month's salary in lieu of notice, or severance pay.
Issues
- Whether the Claimant was employed by the Respondent
- Whether the Claimant was unlawfully and unfairly terminated from employment
- What reliefs should issue
Reasoning
The Respondent failed to prove valid reasons for termination and did not comply with fair procedure. The Claimant's testimony was uncontroverted.
Outcome
Claimant's claim for unfair termination and payment of dues is upheld.
Orders
- Claimant awarded one-month pay in lieu of notice, pro rata leave, overtime, and house allowance
Remedies
- Declaration of unfair termination
- Payment of terminal dues
Authorities cited
Legislation (2)
- Employment Act
- Labour Institutions Act
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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