Mercy Njambi Chege v Othaya Villas Company Limited [2018] KEELRC 1358 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1358
- Citation
- [2018] KEELRC 1358 (KLR)
- Decided
- 31 July 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaim dismissed with costsCoramAluoch
Holding
The claimant was unfairly terminated in May 2012
Facts
Claimant Mercy Njambi Chege was employed as a cleaner by Othaya Villas Company Limited. She suffered injuries while on duty and stayed on sick leave for over a year. She was dismissed by her supervisor in May 2012, but claimed unfair termination.
Issues
- Whether the claimant was unfairly terminated in May 2012
- Whether the claimant deserted employment in September 2013
Reasoning
The court found that the claimant was dismissed by her supervisor and that the employer failed to prove a valid and fair reason for termination.
Outcome
Judgment for the claimant in the sum of Kshs.79,200 plus costs and interest
Orders
- Award of Kshs.7,200 in lieu of notice
- Award of Kshs.72,000 for unfair termination
- Award of certificate of service
- Dismissal of claim for leave and severance pay
Remedies
- Kshs.79,200 in favor of the claimant
- Interest at Court rate from the date of judgment till payment in full
Authorities cited
Legislation (1)
- Employment Act
Cases cited (1)
- Harrison Kamau Nganga Vs Attorney General & Another [2004]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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