Margaret Injete Shadrack v Radar Security Limited [2019] KEELRC 1323 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1323
- Citation
- [2019] KEELRC 1323 (KLR)
- Decided
- 21 June 2019
Summary at a glance
TypeEmployment DisputePostureClaimant's Statement of Claim filed, Respondent's response, JudgmentCoramJames Rika
Claimant was discriminated against on account of her pregnancy and termination was unfair. The Respondent shall pay compensation, damages, and terminal dues at Kshs. 827,184.
Facts
Claimant was employed as a Guard by Respondent from March 2012. She became pregnant in October 2014 and applied for maternity leave. She was terminated on account of her pregnancy and denied salary and other benefits.
Issues
- Discrimination on account of pregnancy
- Unfair termination
- Overtime pay
- Maternity leave pay
- Accrued annual leave
- Severance pay
- Compensation for gender discrimination
- Compensation for unfair termination
Reasoning
The court found that the termination was procedurally unfair and violated the Employment Act, leading to a declaration of unfair termination and compensation.
Outcome
Claimant wins, Respondent pays compensation and damages.
Orders
- It is declared that the Claimant was discriminated against on account of her pregnancy.
- It is declared that termination was unfair.
- The Respondent shall pay to the Claimant compensation, damages and terminal dues at Kshs. 827,184 as pleaded.
- Costs to the Claimant.
- Interest allowed at 14% per annum from the date of Judgment, till payment is made in full.
Remedies
- Compensation
- Damages
- Terminal dues
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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