Esther Mbinya Musau v National Bank of Kenya Limited eKLR [2019] KEELRC 914 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 914
- Citation
- [2019] KEELRC 914 (KLR)
- Decided
- 30 August 2019
Summary at a glance
TypeEmployment DisputePostureClaimant seeks declaration of unfair termination and other remedies, Respondent seeks dismissal of claim.CoramBYRAM ONGAYA
The Court finds the termination unfair and declares it as such. The claimant is awarded 10 months' salary as compensation for unfair termination. The claimant is also awarded a certificate of service and the costs of the suit.
Facts
Claimant was employed as a clerical staff by respondent. In 2014, she was rated as unacceptable performance. She was terminated on April 13, 2015. Claimant contested the termination, alleging unfair treatment and violation of constitutional rights.
Issues
- Unfair termination
- Compensation for unfair termination
- Certificate of service
- Payment of accrued leave days
- Remedies for breach of contract
Reasoning
The Court found the termination to be unfair due to the claimant's long service and due diligence. The Court considered the mitigating factor of the claimant's signature on the disputed appraisals.
Outcome
In favor of the claimant
Orders
- Declaration of unfair termination
- Delivery of certificate of service
- Payment of compensation
- Payment of costs
Remedies
- Compensation for unfair termination
- Certificate of service
- Payment of accrued leave days
- Removal of costs
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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