Fredrick Musembi v George Ndirangu & 2 others [2016] KEELRC 1457 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1457
- Citation
- [2016] KEELRC 1457 (KLR)
Summary at a glance
Claimant's termination was not for a valid reason and did not follow a fair procedure. Claimant is entitled to compensation and other benefits.
Facts
Claimant was employed by Respondents on a 3-year fixed term contract. Respondents terminated Claimant's employment on August 24, 2009, citing poor work performance and financial losses of Kshs.4,109,770. Claimant had six months left to serve the contract.
Issues
- Whether termination was for a valid reason and if the procedure was fair.
- Claimant's entitlement to compensation and other benefits.
Reasoning
Claimant proved there was no evidence of poor work performance or financial losses. The termination was not in accordance with the contract and Human Resource Manual.
Outcome
Claimant awarded six months' salary as compensation, one month's salary in lieu of notice, and other benefits.
Orders
- Claimant awarded Kshs.450,000 in compensation.
- Claimant awarded Kshs.75,000 in lieu of notice.
- Claimant awarded Kshs.47,500 in lieu of 19 days leave.
- Claimant awarded Kshs.35,000 in lieu of 14 days paternity leave.
- Claimant awarded Kshs.562,500 in gratuity.
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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