Nasieku Tarayia v Agricultural Finance Corporation [2019] KEELRC 691 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 691
- Citation
- [2019] KEELRC 691 (KLR)
- Decided
- 8 October 2019
Summary at a glance
TypeEmployment DisputePostureAppeal from an original trial decisionCoramRadido Stephen
The Court finds the termination of the Claimant's employment unfair and awards compensation, unpaid salaries, and other benefits.
Facts
Claimant Nasieku Tarayia was employed by Agricultural Finance Corporation as a Legal Officer. She was promoted to Deputy Managing Director in 2003 and later terminated in 2010. The termination was challenged on grounds of unfair dismissal, discrimination, and breach of contract.
Issues
- Whether the Claimant was discriminated against
- Whether the termination of employment was unfair
Reasoning
The Court found that the termination was unfair due to procedural deficiencies and lack of evidence of discrimination. The Court also awarded compensation and other benefits.
Outcome
The Court found the termination unfair and awarded compensation and other benefits.
Orders
- Pay in lieu of notice Kshs 936,000/-
- Unpaid salaries Kshs 2,268,000/-
- Pension funds contribution Kshs 1,063,485/-
- Surrender value Kshs 3,116,011/20
- Accrued leave Kshs 595,933/55
- Compensation Kshs 4,224,000/-
Remedies
- Compensation equivalent to 12 months gross salary
- Pay in lieu of notice
- Unpaid salaries
- Pension funds contribution
- Surrender value
- Accrued leave
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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