Emily Wawira Njogu v Benchmark Distributors Limited (Cause 39 of 2015) [2020] KEELRC 1436 (KLR) (Employment and Labour) (6 March 2020) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1436
- Citation
- [2020] KEELRC 1436 (KLR)
- Decided
- 6 March 2020
Summary at a glance
TypeUnfair DismissalPostureAppeal from a summary dismissal to a normal terminationCoramMAUREEN ONYANGO
The dismissal is reduced to a normal termination, and the Respondent will pay one month's salary in lieu of notice.
Facts
The Claimant was employed as a Distribution Representative in Mwingi Branch and later transferred to Kayole Branch. She was accused of taking money and not communicating with the Sales and Communication Manager. She was dismissed on September 13, 2014, and did not return to work.
Issues
- Whether the dismissal was unfair
- Whether the Claimant is entitled to compensation
Reasoning
The Claimant's absence led to the dismissal, but the Respondent's handling was considered mediocre.
Outcome
Normal termination with one month's salary in lieu of notice
Orders
- Normal termination instead of summary dismissal
Remedies
- One month's salary in lieu of notice
- 50% of the taxed costs
⚠ 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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