Sammy Kipng’etich Tuei v Management Committee Bomet Contituency Development Funds [2017] KEELRC 75 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 75
- Citation
- [2017] KEELRC 75 (KLR)
- Decided
- 15 December 2017
The court finds that the deceased was an employee of the respondent and that the termination was wrongful, unlawful, and irregular.
Facts
The deceased Sammy Kipng’etich Tuei was an employee of the respondent Bomet Contituency Development Funds from July 1, 2012. The claimant Grace Chepkemoi Tuei, as his personal representative, filed a lawsuit alleging wrongful termination and seeking compensation.
Issues
- Was the deceased an employee?
- Was there wrongful termination?
- Was the termination unlawful?
- Is the claimant entitled to relief?
- Who bears the costs?
Reasoning
The court relies on the Employment Act, 2007, to determine that the employer must prove the reason for termination and that the absence of such proof makes the termination unfair. The court also considers the deceased's service record and the lack of procedural termination.
Outcome
The court dismisses the respondent's motion to dismiss and grants the claimant's prayer for a declaration of wrongful termination, outstanding salary, general damages, aggravated damages, and 3 months' salary in lieu of notice.
Orders
- Declares the termination of employment wrongful, unlawful, and irregular.
- Grants outstanding salary from October 2013 to June 30, 2016.
- Grants general and aggravated damages.
- Grants 3 months' salary in lieu of notice.
Remedies
- Declaration of wrongful termination.
- Outstanding salary.
- General and aggravated damages.
- Salary in lieu of notice.
Authorities cited
Legislation (1)
- Employment Act, 2007
Loading judgment…