Ruth Mwikali Ndiku v Africa Apparels Epz Limited [2018] KEELRC 1763 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1763
- Citation
- [2018] KEELRC 1763 (KLR)
- Decided
- 13 June 2018
Summary at a glance
The dismissal was substantively fair and the Court dismisses the claim with no order as to costs.
Facts
Claimant Ruth Mwikali Ndiku was employed by Respondent Africa Apparels EPZ Limited as a Checker- Finishing in 2010. She filed a lawsuit alleging unfair termination of employment and breach of contract, seeking compensation. The Respondent denied the allegations and claimed the dismissal was due to insubordination.
Issues
- whether the dismissal of the Claimant was unfair
- whether the dismissal was substantively fair
Reasoning
The Court found that the Respondent had a valid and fair reason for dismissing the Claimant, as evidenced by the Incident Report. The dismissal process met statutory requirements, except for the absence of a colleague present.
Outcome
Dismissal with no order as to costs
Orders
- Dismissal of the Claimant's claim
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