Lizzy Akinyi Oyugi v Jam Hotels Limited [2019] KEELRC 1719 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1719
- Citation
- [2019] KEELRC 1719 (KLR)
- Decided
- 3 May 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from an original trial decisionCoramONESMUS N. MAKAU
Holding
The termination was unfair and unlawful.
Facts
Claimant was employed as a supervisor by respondent. She was given compassionate leave on 25.4.2017 to attend her brother's burial. She returned on 30.4.2017 and was told her position had been given to another person. She claimed unfair dismissal.
Issues
- Whether the claimant deserted her employment or she was unfairly terminated.
- Whether the reliefs sought should be granted.
Reasoning
The respondent failed to prove that the claimant deserted work after being served with a show cause letter. The claimant was awarded compensation for unfair termination and unpaid salary.
Outcome
Claimant awarded Kshs.150,000 in total.
Orders
- Notice of Kshs.18,000
- Compensation of Kshs.108,000 for unfair termination
- Unpaid salary of Kshs.24,000
- Certificate of service granted
Remedies
- Compensation for unfair termination
- Unpaid salary
- Certificate of service
Authorities cited
Legislation (1)
- Employment Act
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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