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Ascrat Gilamichael Woldegabriel v Five Forty Aviation Limited [2015] KEHC 4962 (KLR)

[2015] KEHC 4962 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
4962
Citation
[2015] KEHC 4962 (KLR)
Decided
15 May 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramCR
Holding

The Court awards the Claimant Ksh.790,500 for underpayment due to currency conversion and Ksh.2,046,000 in compensation for wrongful dismissal.

Facts

The Claimant, a pilot employed by Five Forty Aviation Limited, was terminated on July 26, 2011. He claimed wrongful dismissal, underpayment due to erroneous currency conversion, and damages.

Issues

  1. Underpayment due to erroneous currency conversion
  2. Wrongful dismissal and compensation

Reasoning

The Court found that the employment contract provided for payment in US Dollars but the actual payment was in Kenya Shillings due to an erroneous conversion rate. The Court also ruled that the termination was wrongful as the employer failed to follow the proper procedure for terminating a probationary contract.

Outcome

The Claimant's claims for underpayment and wrongful dismissal were upheld.

Remedies

  • Ksh.790,500 for underpayment due to currency conversion
  • Ksh.2,046,000 in compensation for wrongful dismissal

Authorities cited

Legislation (1)
  • Employment Act, 2007
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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