Ainu Shamsi Hauliers Limited v Msagha (Appeal E054 of 2025) [2025] KEELRC 2310 (KLR) (31 July 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2310
- Citation
- [2025] KEELRC 2310 (KLR)
- Decided
- 31 July 2025
Summary at a glance
TypeAppealPostureAppeal from the judgment of Hon. C. K. KithinjiCoramM MBARŨ, J
The appeal is allowed, with the judgment in Mombasa CMELRC No. E400 of 2021 reviewed. The respondent is awarded 3 months' gross salary at Ksh. 31,321 x 2 = Ksh. 62,642; notice pay Ksh. 31,321; costs of proceedings before the trial court.
Facts
The appellant, Ainu Shamsi Hauliers Limited, employed the respondent, Emmanuel Msagha, as a mechanic from 2018. The respondent claimed unfair termination of employment due to delays in truck delivery and shoddy work, while the appellant argued for summary dismissal due to the respondent's absence from work.
Issues
- Unfair termination of employment
- Award of compensation
Reasoning
The court found that the termination was not unfair and that the respondent was not denied a hearing. The award of 12 months' compensation is deemed unjustified, and a 3-month award is deemed justifiable.
Outcome
Appeal allowed
Orders
- Award of 3 months' gross salary at Ksh. 31,321 x 2 = Ksh. 62,642
- Notice pay Ksh. 31,321
- Costs of proceedings before the trial court
Remedies
- Notice pay
- Costs of proceedings
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.
Loading judgment…