Catherine Misikhu Khatimba v Mt. Elgon Orchards Limited [2017] KEELRC 1408 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1408
- Citation
- [2017] KEELRC 1408 (KLR)
- Decided
- 30 March 2017
The court found the termination of the claimant's employment to be unfair and awarded her compensation for unfair termination in the sum of Shs.145,220 based on a salary of Shs.36,305 in her payslip for the month of February 2012.
Facts
The Claimant, Catherine Misikhu Khatimba, alleged that her contract of employment was unfairly terminated by the Respondent, Mt. Elgon Orchards Limited, on 23rd March, 2012. The Respondent claimed the termination was due to undesirable behavior, while the Claimant argued it was due to sexual harassment.
Issues
- Whether the termination of the claimant's contract was fair
- Whether the claimant is entitled to payment for the unexpired term of her contract
Reasoning
The court determined that there was no valid reason or a hearing in terms of section 43 and 41 of the Employment Act, leading to an unfair termination. The court awarded compensation instead of the unexpired term of the contract.
Outcome
The claimant was awarded compensation for unfair termination.
Orders
- Award of compensation in the sum of Shs.145,220
Remedies
- Compensation for unfair termination
Authorities cited
Legislation (1)
- Employment Act
Cases cited (2)
- ABRAHAM GUMBA v KENYA MEDICAL SUPPLIES AUTHORITY [2014]eKLR
- EXPRESS CONNECTIONS LIMITED v EZEKIEL KIARIE KAMANDE
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