Lu Yini v Avic Intl. Beijing (E.A) Co.Ltd & another [2019] KEELRC 2093 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2093
- Citation
- [2019] KEELRC 2093 (KLR)
- Decided
- 15 March 2019
Summary at a glance
TypeEmployment DisputePostureClaimant vs Respondents (1st and 2nd Respondents)CoramBYRAM ONGAYA
Judgment is entered for the claimant against the 1st Respondent for a declaration of unlawful and unfair termination, payment of USD 18,750.00 and Kshs.375, 000.00, dismissal of the counterclaim with costs, and payment of the claimant's costs of the suit.
Facts
Claimant was employed by 1st Respondent as a Business Manager on a three-month probationary service. She was later confirmed in the position with a salary increment. The claimant alleged unfair termination due to pregnancy, while the 1st Respondent denied the salary increment and claimed the return of a laptop.
Issues
- Whether the termination of the claimant's employment was unlawful and unfair due to pregnancy
- Whether the 1st Respondent is entitled to the return of the laptop
- Whether the 1st Respondent is entitled to the counterclaim
Reasoning
The Court found the termination unlawful and unfair due to pregnancy, and awarded compensation. The laptop return was dismissed as the claimant did not take it and the value was not pleaded.
Outcome
In favor of the claimant
Orders
- Declaration of unlawful and unfair termination
- Payment of USD 18,750.00 and Kshs.375, 000.00
- Dismissal of the counterclaim with costs
- Payment of the claimant's costs of the suit
Remedies
- Declaration of unlawful and unfair termination
- Compensation for unfair termination
- Costs of the suit
Authorities cited
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