Elsa’s Kopje Limited v Mwendwa (Civil Appeal 624 of 2019) [2025] KECA 725 (KLR) (2 May 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 725
- Citation
- [2025] KECA 725 (KLR)
- Decided
- 2 May 2025
The court upholds the trial court's decision that Elsa’s failed to prove a valid reason for dismissal and affirms the award of one month's salary in lieu of notice and 12 months' salary in compensation.
Facts
Mwendwa was dismissed from employment by Elsa’s Kopje Limited on 21st April 2015. Guests reported losing USD 700 in Room Number 5, and Mwendwa was accused of theft. No money was lost, and guests later reported finding the money. Mwendwa sued the guests for defamation and was suspended by Elsa’s for threatening legal action against them.
Issues
- Whether Elsa’s had a valid reason to dismiss Mwendwa
- Whether the Employment Act allows for a maximum compensation of 12 months' salary
Reasoning
The court found that Elsa’s did not present evidence to support the claim of gross misconduct and that the trial court's award of compensation was within the limits allowed by law.
Outcome
Appeal dismissed with costs to the respondent
Remedies
- One month's salary in lieu of notice and 12 months' salary in compensation
Authorities cited
Legislation (1)
- Employment Act
Cases cited (1)
- Kenfreight (EA) Limited vs. Nguti (Petition 37 of 2018)
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