Jane Muthoni Muya v John & T. Kempro Company Limited [2019] KEELRC 1505 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1505
- Citation
- [2019] KEELRC 1505 (KLR)
- Decided
- 31 May 2019
Summary at a glance
TypeWrongful DismissalPostureAppeal from the original trial outcomeCoramLINNET NDOLO, MAUREEN ONYANGO
The Claimant’s claim for wrongful dismissal and related remedies is dismissed.
Facts
The Claimant, Jane Muthoni Muya, was employed as a general worker by the Respondent, John & T. Kempro Company Limited, from 1974 until September 2013. She was dismissed summarily. The Respondent denied the claim, stating that the Claimant resigned on her own volition.
Issues
- Whether the Claimant has made out a case of wrongful dismissal
- Whether the Claimant is entitled to the remedies sought
Reasoning
The Claimant failed to prove wrongful dismissal as she did not provide independent evidence to corroborate her claim. The Respondent’s witnesses were consistent in their testimonies, and the Court found the Claimant failed to discharge her evidential burden.
Outcome
The Claimant’s claim is dismissed.
Orders
- Each party will bear their own costs
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