Isaac Mwendia Muthoni & another v NG-CDF Mwea Constitiency & 3 others [2019] KEELRC 952 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 952
- Citation
- [2019] KEELRC 952 (KLR)
The claimant's dismissal was unlawful, unfair, and in contravention of the right to fair administrative action.
Facts
The claimant was appointed as an account assistant in the CDF office Mwea Constituency with a contract term of 3 years. He was dismissed in July 2018 without any reasons, and the claimant sought reinstatement and compensation.
Issues
- unlawful dismissal
- right to fair administrative action
- termination of contract
- compulsory terminal leave
Reasoning
The court found that the claimant had a contract that was due to run till 31st December 2018 and was not given an opportunity to serve it to completion. The court also noted that the claimant was not given any of the safeguards under Section 41 of the Employment Act.
Outcome
The claimant is entitled to payment of Kshs. 228,012/- for the months of July to December 2018, Kshs. 456,024/- as maximum compensation under Section 49(1) of the Employment Act for egregious dismissal and disdain for court orders, costs of the suit, and interest on the sums in i) and ii) from the date of filing suit till payment in full.
Orders
- interim relief suspending the letters issued to the Claimant and deferring the implementation of the compulsory terminal leave letter dated 1st July 2018 pending the hearing and determination of this claim
Remedies
- Payment of Kshs. 228,012/- for the months of July to December 2018
- Kshs. 456,024/- as maximum compensation under Section 49(1) of the Employment Act for egregious dismissal and disdain for court orders
- costs of the suit
- interest on the sums in i) and ii) from the date of filing suit till payment in full.
Authorities cited
Legislation (2)
- Employment Act
- Fair Administrative Act
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