Nancy Muthoga v Chandarana Supermarkets [2019] KEELRC 2280 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2280
- Citation
- [2019] KEELRC 2280 (KLR)
- Decided
- 15 February 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureAppeal from an original trial decisionCoramLady Justice Maureen Onyango
Holding
The Claimant’s evidence regarding her illness and absence from work is not admissible due to the lack of authenticity of the text messages.
Facts
The Claimant was employed as a Branches Co-ordinator by the Respondent. She contracted a bacterial infection in October 2012 and was granted leave from 23 October 2012 to 13 November 2012. She was later admitted to Nairobi West Hospital and given a week's sick-off from 1 December 2012 to 8 December 2012. The Respondent terminated her on 8 January 2013 without her being present.
Issues
- Whether the Claimant’s evidence should be admitted.
- Whether the Claimant was wrongfully dismissed.
- Whether the Claimant is entitled to the reliefs sought.
Reasoning
The authenticity of the text messages cannot be ascertained, and the evidence does not comply with the provisions of Section 106B of the Evidence Act.
Outcome
The Claimant’s case is dismissed.
Authorities cited
Legislation (1)
- Evidence 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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