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Susan Njeri Ndungu v Registered Trustees of the Presbyterian Church of East Africa & another [2020] KEELRC 376 (KLR)

[2020] KEELRC 376 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
376
Citation
[2020] KEELRC 376 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from a decision to dismiss the claimant's suitCoramKLR Rika
Holding

The dismissal was found to be unfair and unlawful.

Facts

The claimant was employed as a secretary by the respondents from 9.3.2006 until 8.7.2014, when she was dismissed for gross misconduct. She was informed of the termination on 3.6.2014, but the reason for the termination was not stated in the letter.

Issues

  1. Whether the claimant's dismissal was unfair and unlawful.
  2. Whether the claimant is entitled to the reliefs sought in the suit.

Reasoning

The termination letter did not state the reason for the termination, and the claimant was not given a fair hearing.

Outcome

Affirmed the dismissal of the claimant's suit.

Remedies

  • Salary in lieu of notice
  • Balance of unpaid and underpaid salaries and allowances
  • Unpaid leave and leave travel allowances
  • Terminal dues and gratuity
  • Unremitted NHIF and NSSF deductions
  • General damages for unlawful dismissal

Authorities cited

Legislation (1)
  • Employment Act
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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