Christine Sarah Muhande v Nanlhang Foreign Engineering Company (K) Ltd [2020] KEELRC 1904 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1904
- Citation
- [2020] KEELRC 1904 (KLR)
- Decided
- 13 March 2020
Summary at a glance
TypeEmployment DisputePostureAppeal from the original trialCoramAbuodha Jorum Nelson, Byram Ongaya
The separation between the Claimant and the Respondent was not in accordance with the provisions of the Employment Act, but the Claimant's conduct mitigates the omission by the Respondent.
Facts
Claimant was employed as a cleaner by the Respondent from August 9, 2015 to September 8, 2015. She was injured on September 8, 2015 and was given sick leave. She returned to work on October 12, 2015 but was not paid for September. She was verbally terminated without notice.
Issues
- Employment contract validity
- Termination without notice
- Unfair termination
Reasoning
The Claimant was injured in the course of her work and hospitalized, initially on lawful sick leave. She never returned to work nor produced an extension of the sick leave. The Respondent failed to follow the due process as per the Employment Act.
Outcome
Awarded one month's salary in lieu of notice, two months' salary as compensation for unfair termination, and each party to bear their own costs.
Authorities cited
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