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Miriam Nduku Musa v Barclays Bank of Kenya Limited [2020] KEELRC 1451 (KLR)

[2020] KEELRC 1451 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1451
Citation
[2020] KEELRC 1451 (KLR)
Decided
12 March 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant's AppealCoramJames Rika
Holding

Termination was unfair, and the Respondent is ordered to pay compensation and exemplary damages.

Facts

Claimant was employed as a Commission Based Lead Generator by Respondent Bank. She was initially employed for 1 year, then given a second contract for 1 year. The second contract was terminated, leading to a dispute over unfair termination.

Issues

  1. Unfair termination
  2. Compensation for unfair termination
  3. Exemplary damages

Reasoning

The Court found the termination unfair due to the reinstatement and subsequent termination within a short period, and the lack of a genuine redundancy.

Outcome

Claimant's appeal upheld, Respondent ordered to pay compensation and exemplary damages.

Orders

  • Compensation for 7 months' salary at Kshs. 105,000
  • Exemplary damages at Kshs. 150,000
  • Costs to the Claimant
  • Interest at 16% per annum from the date of judgment
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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