Pamela Nelima Lutta v Mumias Sugar Co. Ltd [2017] KEELRC 577 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 577
- Citation
- [2017] KEELRC 577 (KLR)
- Decided
- 22 September 2017
Summary at a glance
The disciplinary procedure was flawed, making the whole of the process a sham.
Facts
The Claimant, Pamela Nelima Lutta, was terminated by her employer, Mumias Sugar Co. Ltd, on August 12, 2015, after being suspended for more than 4 months. The termination was followed by a redundancy package, which the Claimant contested.
Issues
- Whether the termination of the Claimant's employment was unfair and malicious
- Whether the Claimant is entitled to the remedies sought
Reasoning
The Respondent failed to comply with its own procedure by keeping the Claimant on suspension for more than 4 months, and the disciplinary hearing was irregular.
Outcome
The Claimant's employment was not terminated unfairly and maliciously.
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