Cecilia Martha Njeri Nduati & another v Presbyterian University of Africa [2018] KEELRC 746 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 746
- Citation
- [2018] KEELRC 746 (KLR)
- Decided
- 29 October 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeWrongful TerminationPostureAppeal from an original trial decisionCoramHON. LADY JUSTICE HELLEN WASILWA
Holding
The termination was unfair due to lack of valid reasons and due process, and the court awards compensation and leave.
Facts
The Claimants were employed by the Respondent as Cateress and Executive Secretary. They were terminated without warning and without proper due process. The Claimants claimed they were not paid terminal dues and were subjected to disciplinary actions.
Issues
- Whether there were valid reasons to terminate the service of the Claimants.
- Whether the Claimants were subjected to due process before termination.
- Whether the Claimants are entitled to the prayers sought.
Reasoning
The court found that the reasons for termination were not valid and that the Claimants were not given a fair hearing. The court awards compensation and leave.
Outcome
The court awards compensation and leave to the Claimants.
Orders
- Award of 3 months salary as compensation to each Claimant.
- Award of 1/2 salary withheld for 15 months to each Claimant.
- Award of 1 month leave to the 1st Claimant and 2 months leave to the 2nd Claimant.
- Issuance of a Certificate of Service to each Claimant.
- Payment of costs of the suit plus interest at Court rates to the Respondent.
Remedies
- Compensation for unfair termination.
- Leave to the Claimants.
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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