Diana Nabaturu Mutekhele v Davanns Limited [2018 [2018] KEELRC 2132 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2132
- Citation
- [2018] KEELRC 2132 (KLR)
- Decided
- 3 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair and Unlawful Termination of EmploymentPostureAppeal from an original trial
Holding
The termination of the Claimant's employment was found to be unfair due to a lack of procedural fairness.
Facts
The Claimant was employed by the Respondent as a Regional Water Technologist. She was terminated without notice due to an accident involving the Respondent's vehicle.
Issues
- Whether the termination of the Claimant's employment was lawful and fair
- Whether the Claimant is entitled to the remedies sought
- Whether the Respondent has made out a proper counterclaim against the Claimant
Reasoning
The Claimant was not authorized to drive the Respondent's vehicle, but the Respondent terminated her employment without following the mandatory disciplinary procedure.
Outcome
The Claimant is awarded 3 months' salary in compensation and 1 month's salary in lieu of notice.
Orders
- The net effect is that the Claimant is entitled to the sum of Kshs. 40,199.
- The Claimant is also entitled to a Certificate of Service.
- Each party will bear their own costs.
Remedies
- 3 months' salary in compensation
- 1 month's salary in lieu of notice
- Salary for July 2015
- Prorata leave pay for 2015
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (1)
- Fred Ondari Makori v The Management Committee of Ministry of Works Sports Club [2013] 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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