Ndombi Georgina Ngina v Ecobank Kenya Limited [2018] KEELRC 1227 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1227
- Citation
- [2018] KEELRC 1227 (KLR)
- Decided
- 10 August 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramJustice Mathews N. Nduma
Holding
The court finds that the termination was valid but not procedurally fair due to lack of personal notification to the Claimant and the Labour Office.
Facts
The Claimant was employed by East Africa Building Society (EABS) as a Customer Service Resolution (CSR) from June 11, 2007, until May 9, 2014. She was declared redundant due to department restructuring and was paid one month's salary in lieu of notice.
Issues
- Whether the termination was for a valid reason and if it was done following a fair procedure.
- Whether the Claimant is entitled to the reliefs sought.
Reasoning
The court determined that the termination was valid due to the abolition of the position, but violated the Employment Act by not following the mandatory procedural requirements.
Outcome
The Claimant is entitled to five months' salary in compensation for procedural deficiencies, house allowance, and notice pay.
Orders
- Provide a certificate of service to the Claimant within 30 days of the judgment.
- Award the Claimant five months' salary in compensation for procedural deficiencies.
Remedies
- Compensation for procedural deficiencies.
- House allowance.
- Notice pay.
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (3)
- Charles Nyangi Nyamohanga v Action Aid International [2015] eKLR
- Hellen Nyanganyi v Mattresses Limited & Another [2017] eKLR
- Stephen Musyoka Muia v Munyiri 64 Traders Limited T/A Munyiri Fish & chips [2014] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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