J W N v Securex Agencies (K) Limited [2018] KEELRC 1908 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1908
- Citation
- [2018] KEELRC 1908 (KLR)
- Decided
- 8 June 2018
Summary at a glance
TypeEmployment DisputePostureClaimant vs RespondentCoramBYRAM ONGAYA
The Court finds the termination unfair and orders the respondent to pay the claimant Kshs.1,105,000 in damages and costs.
Facts
The claimant was employed as a guardette by Securex Agencies (K) Limited. Allegations of improper conduct were made against her, leading to investigations and a parade where she was accused of having sexual relations with a stranger. The claimant was dismissed and later reinstated, but the incident caused her emotional distress and loss of dignity.
Issues
- Unfair termination
- Withholding of original academic certificates
- Violation of human dignity
Reasoning
The Court found that the respondent's conduct, including the supervisor's public humiliation and failure to implement a policy on sexual harassment, violated the claimant's right to human dignity.
Outcome
Claimant wins
Orders
- Declaration of unfair termination
- Declaration of unfair withholding of academic certificates
- Award of Kshs.1,105,000 in damages
- Payment of costs of the suit
Remedies
- Damages
- Costs
Authorities cited
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