Hotensia Nduta v Creative Consolidated Systems Limited [2020] KEELRC 545 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 545
- Citation
- [2020] KEELRC 545 (KLR)
Claimant is awarded 1 month's salary in lieu of notice, unpaid leave for 1 year, service pay equivalent to 15 days for the year served, unpaid salary for 1 month, and 6 months' salary as compensation for the unlawful and unfair termination.
Facts
Claimant Hotensia Nduta was employed by Respondent Creative Consolidated Systems Limited from May 2015. She was terminated without notice or payment in lieu of notice on July 21, 2016. She claimed wrongful termination, non-payment of employment dues, and punitive damages.
Issues
- Wrongful termination
- Non-payment of employment dues
- Punitive damages
Reasoning
The court found that the termination was without notice and without just cause, constituting an intentional interference with the economic relations between the parties. The claimant's efforts to resolve the matter were unsuccessful.
Outcome
Claimant's claim is allowed.
Orders
- Claimant is awarded Kshs. 93,100 in total.
- Respondent is ordered to pay costs of the suit plus interest at Court rates with effect from the date of this judgment.
Remedies
- Declaration of wrongful termination
- Compensation for unlawful termination
- Punitive damages
Authorities cited
Legislation (1)
- Employment Act
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