ESTHER NYAGA v DHANJAL INVESTMENT LIMITED T/A TRAVELLERS BEACH HOTEL & CLUB [2012] KEELRC 278 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 278
- Citation
- [2012] KEELRC 278 (KLR)
Summary at a glance
Typeconstructive dismissalPostureoriginal trialCoramGrace W. Kariuki, Freddy Kiuru
The termination stands, but the notice period is extended by two weeks.
Facts
Claimant Esther Nyaga was employed as Office Administrator at the respondent's Nairobi office from February 15, 2011. The respondent terminated her services on September 9, 2011, citing failure to perform duties, inability to follow instructions, and insubordination. The claimant did not report to work as expected after receiving the termination letter.
Issues
- constructive dismissal
- termination compensation
- termination dues
- termination notice period
Reasoning
The court found that the termination was justified due to the claimant's failure to perform duties and insubordination, but extended the notice period to allow for a smoother transition.
Outcome
Claimant's case dismissed
Orders
- termination notice period extended by two weeks
Remedies
- termination dues calculated and paid to claimant
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