Lilian Bahati Mlewa v Namji Clearing and Forwarding Company Limited [2019] KEELRC 551 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 551
- Citation
- [2019] KEELRC 551 (KLR)
- Decided
- 18 October 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureClaimant's AppealCoramJames Rika
Holding
Termination was based on valid reason but executed unfairly, and the Respondent is ordered to pay equivalent of 5 months' salary in compensation for unfair termination.
Facts
The Claimant was employed as a Receptionist by the Respondent from January 2012. She was terminated on February 28, 2017, without notice or a hearing, due to alleged lateness and neglect of work. She was paid terminal dues and a Certificate of Service.
Issues
- Whether termination was fair
- Compensation for unfair termination
Reasoning
The Court found that the Respondent failed to observe the Employment Act, particularly Sections 41 and 45, in executing the termination decision.
Outcome
Claimant's appeal upheld
Orders
- Equivalent of 5 months' salary in compensation for unfair termination
- No order on costs
- Interest allowed at 14% per annum from the date of judgment till payment in full
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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