Leah Wakio Ngami v Optica Limited [2017] KEELRC 264 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 264
- Citation
- [2017] KEELRC 264 (KLR)
- Decided
- 23 November 2017
Summary at a glance
TypeUnfair TerminationPostureClaimant vs RespondentCoramHON. LADY JUSTICE HELLEN WASILWA
Claimant is entitled to 7 days pay in lieu due to the probationary period and the lack of written notice.
Facts
Claimant was employed as HR Executive by Respondent on 2nd October 2012 with a probationary period of 3 months. The Respondent terminated her employment on 16th November 2012 without cause or justification.
Issues
- Unfair termination
- Probationary period
- Due process
Reasoning
The termination was during the probationary period and the contract provided for 7 days' notice. The Respondent failed to provide written notice.
Outcome
Claimant awarded 7 days pay in lieu and costs.
Authorities cited
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