Jasper Mwenda Ikiara v Housing Finance Limited [2015] KEELRC 943 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 943
- Citation
- [2015] KEELRC 943 (KLR)
- Decided
- 12 June 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant's appeal dismissedCoramBYRAM ONGAYA
Holding
Judgment entered for the claimant for unfair termination, 12 months' salaries compensation, and costs.
Facts
Claimant was employed by Housing Finance Limited as a branch manager. He was given targets but did not participate in their negotiation. He received a performance improvement program (PIP) letter but no targets. He was dismissed and claimed unfair termination, discrimination, and underpayment.
Issues
- Whether the termination was unfair.
- Whether the claimant is entitled to 12 months' salaries as compensation for unfair termination.
- Whether the claimant is entitled to compensation for discrimination.
- Whether the claimant is entitled to house allowance.
Reasoning
The court found the termination unfair due to lack of negotiation on targets and the absence of a disciplinary hearing. The claimant was entitled to 6 months' gross salaries as compensation. The house allowance provision was found to be a consolidation of rent, thus the claim failed.
Outcome
Claimant's appeal successful
Orders
- An order declaring the termination unfair.
- An award of Kshs.1,726,074.00 in 12 months' salaries.
- An award of costs of the suit.
Remedies
- Declaration of unfair termination.
- Compensation of Kshs.1,726,074.00.
- Award of costs.
Authorities cited
Legislation (1)
- Employment Act, 2007
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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