Winfred Muthina John v Hatua Likoni Organisation & 2 others [2018] KEELRC 1587 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1587
- Citation
- [2018] KEELRC 1587 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureClaimant's AppealCoramJames Rika
Holding
Termination was unfair due to procedural and validity of reason issues.
Facts
Claimant was employed as a Mentoring and Career Guide Coordinator by the 1st Respondent. She was terminated on allegations of failing to report for duty, threatening to injure a fellow employee, and injuring a minor. She did not receive a letter to show cause against the allegations.
Issues
- Fairness of termination
- Compensation for unfair termination
- Notice pay
- Rest days and accrued annual leave
Reasoning
The Court found that the termination was unfair as there was no evidence to support the other two allegations and the Respondents failed to establish the reason for the decision.
Outcome
Claimant is granted the equivalent of 10 months' salary in compensation for unfair termination at Kshs. 331,700; notice pay at Kshs. 33,170; and a Certificate of Service.
Orders
- Termination was unfair
- The Respondent shall pay the equivalent of 10 months' salary in compensation for unfair termination at Kshs. 331,700; and notice pay at Kshs. 33,170- total Kshs. 364,870
- Certificate of Service to issue
- No order on the costs
- Interest granted at 14% per annum from the date of Judgment till payment is made in full
Remedies
- Compensation for unfair termination
- Notice pay
- Certificate of Service
Authorities cited
Legislation (1)
- Employment Act 2007
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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