Shem Maingo v Kema (EA) Limited [2015] KEELRC 1115 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1115
- Citation
- [2015] KEELRC 1115 (KLR)
The Court adopts the figure of Kshs. 234,845 as the Claimant's gross monthly salary for purposes of this claim. The termination was unlawful and unfair.
Facts
Claimant Shem Maingo worked for Respondent KEMA (E.A) Limited as a Marketing and Administration Manager and later as General Manager. His employment was terminated on 26th July 2012 by a short text message (SMS) from Hon. Manson Nyamweya, the Respondent's Chairman, alleging he formed a rival company. The Claimant claimed unfair and unlawful termination.
Issues
- Claimant's salary as at the time of leaving the Respondent's employment
- Whether the Claimant deserted duty or was terminated
- If terminated, whether the termination was lawful and fair
- Whether the Claimant is entitled to the remedies sought
- Whether the Respondent has made out a counterclaim against the Claimant
Reasoning
The Court found the payslips as submitted unhelpful in determining the Claimant's salary. The termination was triggered by a short message text (SMS) and an email from Hon. Manson Nyamweya, the Respondent's Chairman, alleging the Claimant formed a rival company. The Court held the termination was unlawful and unfair.
Outcome
The Court found the termination unlawful and unfair.
Remedies
- 3 months' salary in lieu of notice
- 1 month's salary for each completed year of service
- Salary for the month of July 2012
- Unpaid leave for the year 2012
- Salary arrears for January to June 2012
- Salary until the retirement age of 60 years
- Costs
Authorities cited
Legislation (1)
- Employment Act, 2007
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