Christine Katunge Kitale v Statpack Industries Limited (Cause 879 of 2017) [2020] KEELRC 1020 (KLR) (Employment and Labour) (21 May 2020) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1020
- Citation
- [2020] KEELRC 1020 (KLR)
- Decided
- 21 May 2020
The Court finds the termination of the Claimant's employment was unfair and unjustified.
Facts
The Claimant, Christine Katunge Kitale, was employed by the Respondent, Statpack Industries Limited, as a Sales and Marketing Coordinator. She requested a sabbatical leave to study abroad and was informed her visa application was denied. She resumed work but was terminated without notice or a fair hearing. She was also denied her September 2016 salary.
Issues
- Termination of employment
- Unpaid salary
- Unfair termination
Reasoning
The Court notes the Claimant's evidence and the Respondent's failure to provide a reason for termination. The Court finds the termination was unlawful and unjustified.
Outcome
The Claimant is awarded 1 month's salary in lieu of notice, unpaid salary for September 2016, and 10 months' salary as compensation for unlawful and unfair termination.
Orders
- Award of 1 month's salary in lieu of notice
- Award of unpaid salary for September 2016
- Award of 10 months' salary as compensation for unlawful and unfair termination
- Payment of costs of the suit plus interest at Court rates
Remedies
- Salary in lieu of notice
- Unpaid salary
- Compensation for unlawful and unfair termination
Authorities cited
Legislation (1)
- Employment Act
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