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Juliet Ndinda Kitavi v Nation Media Group Limited [2019] KEELRC 85 (KLR)

[2019] KEELRC 85 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
85
Citation
[2019] KEELRC 85 (KLR)
Decided
29 November 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from an original trial decisionCoramJames Rika
Holding

Termination was unfair and unlawful

Facts

Claimant was employed by Respondent as a Solution Architect and Business Executive in digital department. Her contract was terminated on September 16, 2015, on the grounds of poor performance. She was placed on Performance Improvement Plan and later asked to show cause for termination. She was terminated without notice.

Issues

  1. Unfair termination
  2. Notice pay
  3. Compensation for unfair termination

Reasoning

The Court found that the Claimant had a reasonable expectation of working until the age of 60, and granted compensation equivalent to 9 months' salary.

Outcome

Claimant wins

Orders

  • Declaration of unfair termination
  • Payment of notice pay and compensation for unfair termination
  • Costs to the Claimant
  • Interest allowed at 14% per annum

Remedies

  • Declaration of unfair termination
  • Payment of notice pay and compensation for unfair termination
  • Costs to the Claimant
  • Interest allowed at 14% per annum

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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