Michelle Erleen Muthoni Nyaga v Satguru Travel and Tours Services Limited [2020] KEELRC 163 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 163
- Citation
- [2020] KEELRC 163 (KLR)
- Decided
- 1 December 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant's undefended claimCoramHon. Lady Justice Maureen Onyango
Holding
The termination was substantively and procedurally unfair, and the claimant is awarded 6 months' salary as compensation for unfair termination.
Facts
Claimant was employed by Respondent as a senior tour consultant with a net salary of Kshs.50,000 and 1% commission. She was summarily dismissed on 29th November 2014. She sought compensation for unfair termination, exemplary damages, unpaid commissions, and other employment dues.
Issues
- whether the termination was unfair
- whether the claimant is entitled to the reliefs sought
Reasoning
The court found the termination unfair due to lack of procedural fairness and substantive fairness, and awarded compensation based on the claimant's gross salary.
Outcome
Claimant awarded 6 months' salary as compensation for unfair termination.
Orders
- Employment dues for November 2014 are directed to be paid to the claimant within 60 days.
- Claimant is awarded one month's salary in lieu of notice of Kshs.66,750.00.
Remedies
- Compensation for unfair termination
- Payment of employment dues for November 2014
- Service pay
Authorities cited
Legislation (2)
- Employment and Labour Relations Court Act
- Employment Act
Cases cited (4)
- Mary Chemweno v Kenya Pipeline Company Limited
- Walter Ogal Anuro v Teacher Service Commission
- Alphonce Maghanga Mwachanya v Operation 680 Limited
- Godfrey Julius Ndumba Mbogori & Another v Nairobi City County
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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