Gladys Agayo v Somak Travel Ltd [2015] KEELRC 122 (KLR)

Facts

The Claimant, Gladys Agayo, was employed as a Customer Service Officer by Somak Travel Ltd from June 5, 2001 until March 13, 2012. She was terminated due to low business and poor performance. The Respondent offered 2 months' notice pay, salary for March 2012, and service pay.

Issues

1. Unfair termination of employment
2. Unpaid terminal dues
3. Underpayment of terminal dues

Reasoning

The Court notes the Respondent's admission of owing several items but contests the medical cover deductions. The Court finds the termination due to low business and poor performance, but not in accordance with the Employment Act's mandatory redundancy procedures.

Outcome

The Court upholds the Claimant's claims and orders the Respondent to pay the specified amounts.

Authorities cited