John Charo Ngumbao v Amani Tiwi Beach Resort [2015] KEELRC 896 (KLR)

Summary at a glance

Facts

The Claimant, John Charo Ngumbao, was employed by Amani Tiwi Beach Resort as Executive Sous Chef from September 2012. The contract was initially for 3 months, but the employer retained him and paid him a new salary of Kshs. 78,418. The Claimant worked for 5 months before the employer terminated his contract.

Issues

• Unfair and unlawful termination
• Procedural fairness

Reasoning

The employer provided valid reasons for termination based on poor performance and lack of professionalism. However, the employer failed to follow the required procedural steps as per the Employment Act.

Outcome

Claimant granted 1 month salary in compensation for breach of fair procedure

Orders

• 1 month gross salary at Kshs. 78,418 in compensation for breach of fair procedure

Authorities cited