JUDGMENT OF THE COURT
Ever since the appellant instituted his claim in the Industrial Court, the precursor to the current Employment and Labour Relations court seven years ago, the dispute has had a somewhat chequered history in the court corridors. The appellant filed his memorandum of claim dated 31st March 2010 in the Industrial Court claiming alleged unfair and unlawful termination of his employment by the respondent. By the time of his termination on 27th February 2010, the appellant had been in the employ of the respondent for a period of 11 months and 27 days. During the said period, the appellant initially served as the respondent’s project manager in Mombasa but was later transferred to Nairobi. He earned a monthly basic salary of Kshs.400,000/- plus other benefits including house allowance, car allowance, utility allowance, fuel, mobile phone, school fees entitlement and medical scheme. By the time of his termination, he had completed his probationary period and had been conf…