Freight In Time Limited v Rosebell Wambui Munene [2018] KECA 148 (KLR)
- Court
- Court of Appeal
- Case number
- 148
- Citation
- [2018] KECA 148 (KLR)
AI Summary
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TypeCivil AppealPostureAppeal from an award and decree of the Employment and Labour Relations CourtCoramJUDGE OF APPEAL, M. WARSAME, JUDGE OF APPEAL, ASIKE-MAKHANDIA, JUDGE OF APPEAL, J. OTIENO-ODEK
Holding
The award of 12 months' gross salary compensation for unfair dismissal is set aside and substituted with an award of six (6) months' salary of Ksh.300,000.
Facts
Freight In Time Limited employed Rosebell Wambui Munene in Rwanda. The respondent received a notice of termination on April 1, 2011, and filed a claim in the Industrial Court. The Employment and Labour Relations Court awarded the respondent Ksh.1,006,895, including compensation and terminal benefits.
Issues
- Whether the termination of employment was unlawful and in breach of the terms of the contract
- Whether the appellant failed to pay terminal dues and damages for unlawful termination
- Whether the respondent was entitled to annual leave and 12 months' gross pay compensation for unlawful dismissal
Reasoning
The court found the trial court erred in awarding the maximum 12 months' compensation for unfair dismissal. The respondent did not offer concrete and clear evidence to support the award.
Outcome
The award of Ksh.300,000 is upheld, with interest from February 12, 2013.
Orders
- The award/judgment of the trial court dated 12th February 2013 is varied to the extent that the twelve (12) months' gross salary compensation for unfair dismissal is set aside and substituted with an award of six (6) months' salary of Ksh.300,000.
- Interest on the Ksh.300,000 is to run from 12th February 2013.
- The award of Ksh.50,000 for one-month salary in lieu of notice and a further Ksh.50,000 as compensation for annual leave is upheld.
Authorities cited
Cases cited (1)
- OlPejeta Ranching Limited -v- David Wanjau Muhoro [2017] eKLR
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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