Sarah Njeri Ngugi v First Choice Tours & Travel Limited [2020] KEELRC 1236 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1236
- Citation
- [2020] KEELRC 1236 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant's Original Action and Respondent's Counter-claimCoramHON. LADY JUSTICE HELLEN WASILWA
Holding
The dismissal was unfair and unjustified, and the counter-claim is allowed.
Facts
The Claimant, Sarah Njeri Ngugi, was dismissed by the Respondent, First Choice Tours & Travel Limited, without valid reasons and without giving her an opportunity to defend herself. The Claimant alleged theft, while the Respondent claimed fraud and counter-sued for losses.
Issues
- Validity of dismissal
- Fair procedure
- Counter-claim
Reasoning
The court found that the dismissal was without valid reasons and without fair procedure, as required by the Employment Act 2007. The counter-claim is uncontroverted.
Outcome
Claimant wins, Respondent loses
Orders
- 1 month salary in lieu of notice
- Leave not taken for the duration worked
- 17 days salary for days worked in July 2014
- 10 months' salary as compensation for the unlawful termination
- Costs and interest at Court rates
Remedies
- Payment of 1 month salary in lieu of notice
- Payment of leave not taken
- Payment of 17 days salary for days worked in July 2014
- Payment of 10 months' salary as compensation for the unlawful termination
- Payment of costs and interest at Court rates
Authorities cited
Legislation (1)
- Employment Act 2007
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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