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Steel Makers Limited & Jackson Makau Kaswii

(2018) JELR 93976 (CA)

Court of Appeal  •  Civil Appeal 73 of 2017  •  7 Jun 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Joseph Raphael Karanja

Judgement

JUDGMENT OF THE COURT

[1] Jackson Makau Kaswii (respondent) filed a claim seeking compensation for unfair termination of his services as an employee of Steel Makers Ltd, (appellant). The respondent’s claim was that he was employed by the appellant on January 2011 as a mechanic at a daily salary of Ksh.569. He worked at the appellant’s Mombasa branch until 8th February, 2016 when his services were terminated without notice and payment of terminal dues for the duration served. The respondent sought to be paid a total of Ksh.294,742 made up of one month’s payment in lieu of notice, leave for 5 years, 7 years’ service pay calculated for 15 days for each year.

[2] The appellant on its part admitted the respondent was employed as a casual helper earning daily wages at the end of each working day. His duties were to help the head mechanic with other tasks assigned and on the 8th February, 2016 he was not at his duty station, and when ordered to go back to his duties by the supervisor, the resp…

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