Caroline Wanjiru Luzze v Nestle Equatorial African Region Limited [2016] KEELRC 1786 (KLR)

Facts

Claimant Caroline Wanjiru Luzze worked for Nestle Equatorial African Region Limited as a Human Resource Administration Executive from July 2009 to January 2012. She was terminated on January 4, 2012, on the grounds of redundancy due to restructuring of the Human Resources department.

Issues

1. Whether the termination of the Claimant's employment by declaration of redundancy was lawful
2. Whether the Claimant is entitled to the reliefs sought

Reasoning

The Court determined that the employer's decision to withdraw the Performance Improvement Plan (PIP) and issue a warning letter was irregular and an unfair labour practice. The Court also found that the termination was not linked to the Claimant's performance issues.

Outcome

The Court ruled in favor of the Claimant, finding the termination unlawful and ordered the reinstatement of the Claimant's employment.

Authorities cited