Maritim v Sot Tea Growers Sacco Ltd (Cause 50 of 2018) [2018] KEELRC 2611 (KLR) (9 October 2018) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2611
- Citation
- [2018] KEELRC 2611 (KLR)
- Decided
- 9 October 2018
Summary at a glance
TypeEmployment DisputePostureAppeal from an original trial decisionCoramDKN MARETE
The court found that the claimant did not have a termination of employment and that her dismissal was lawful and procedural.
Facts
The claimant, Nancy C. Maritim, was employed by Sot Tea Growers Sacco Ltd as a secretary from April 1999 until November 2017. She was dismissed with a refusal to pay her terminal dues.
Issues
- Whether there was a termination of employment
- Whether the termination was wrongful, unfair, and unlawful
- Whether the claimant is entitled to the relief sought
- Who bears the costs of the claim
Reasoning
The court relied on the Employment Act, 2007, and case law to determine that the claimant absconded from duty and that her dismissal was lawful.
Outcome
The claimant's case was dismissed with costs.
Authorities cited
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