Makokha & another v Buckram Security Limited (Employment and Labour Relations Cause E584 of 2022) [2025] KEELRC 66 (KLR) (21 January 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 66
- Citation
- [2025] KEELRC 66 (KLR)
- Decided
- 21 January 2025
Summary at a glance
TypeEmployment and Labour RelationsPostureAppeal from the original trialCoramHS WASILWA
The court finds the claimants were unlawfully terminated and awards them 1 month's salary in lieu of notice, 3 months' salary as compensation for unlawful termination, 4 months' unpaid salary, underpayment compensation, house allowance, and a certificate of service.
Facts
The claimants, Sebastian Munoka Makoka and Sammy Musembi, were employed as security guards by Buckram Security Limited from October 2021 to May 2022. They alleged unfair termination, violation of fair administrative action and fair labour practices, and underpayment of wages.
Issues
- Unfair termination
- Underpayment of wages
- Violation of fair administrative action and fair labour practices
Reasoning
The court found the employment relationship was unlawful due to the short notice of termination and lack of employment records. The claimants were awarded compensation for the underpayment of wages and house allowance.
Outcome
Claimants' claims upheld
Orders
- 1 month's salary in lieu of notice
- 3 months' salary as compensation for unlawful termination
- 4 months' unpaid salary
- Underpayment compensation
- House allowance
- Certificate of service
Remedies
- Compensation for underpayment of wages
- House allowance
- Certificate of service
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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