Grace Jebet Keter v Mediheal Hospital & Fertility Centre Limited [2016] KEELRC 80 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 80
- Citation
- [2016] KEELRC 80 (KLR)
Summary at a glance
TypeEmployment DisputePostureClaimant brought a suit for unlawful termination of employment, seeking compensation and a certificate of service.CoramD.K.Njagi Marete
The dismissal of the claimant by the respondent was unprocedural, unfair and unlawful. The claimant is entitled to one month's pay in lieu of notice and six months compensation for unlawful termination.
Facts
The claimant was employed as a waitress by the respondent on 1st July, 2009, with no salary rise. She was terminated on 22nd November, 2012, without following the laid down procedures.
Issues
- Whether the claimant was an employee of the respondent.
- Whether the termination of the employment was wrongful, unfair and unlawful.
- Whether the claimant is entitled to the relief sought.
- Who should pay costs and interests of the suit.
Reasoning
The claimant was not provided with a written contract of employment, and the termination was not in accordance with the Employment Act, 2007.
Outcome
The claimant's case was allowed, and relief was granted.
Orders
- One months pay in lieu of notice: Kshs.9,454.15
- Six months compensation for unlawful termination: Kshs.56,724.90
- Certificate of service to be issued within 30 days
- Costs of this cause to be borne by the respondent
- Costs of this claim to be assessed at Kshs. 60,000.00
Authorities cited
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