KENYA SHOE & LEATHER WORKERS UNION v NAIROBI TANNERS LTD [2012] KEHC 33 (KLR)
- Court
- High Court of Kenya
- Case number
- 33
- Citation
- [2012] KEHC 33 (KLR)
- Decided
- 17 September 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a decision of the Industrial CourtCoramJustice Radido Stephen
Holding
The termination of Moses Simiyu was unfair
Facts
Moses Simiyu was employed by Nairobi Tanners Ltd as a machine operator. He was terminated on 2/5/2009 without notice. The union reported the termination to the Minister for Labour, and a conciliator was appointed but the Respondent ignored the request.
Issues
- Whether the termination of Moses Simiyu was unfair
- What relief should be granted if the termination was unfair
Reasoning
The court found the termination unfair due to the Respondent's failure to prove that Moses Simiyu deserted employment or that the reasons for termination were false, despite the requirement under Section 45 of the Employment Act.
Outcome
Affirmed
Orders
- Pay Kshs 8,500 in lieu of notice
- Pay Kshs 17,000 for 2 years leave with full pay
- Pay Kshs 25,500 for 3 months equivalent pay compensation for unfair termination
- Dismiss the claim for severance pay
- Grant costs to the Claimant
Remedies
- Compensation for unfair termination
- Notice payment
- Leave with full pay
Authorities cited
Legislation (1)
- Employment 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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