Judith Atieno Owuor v Sameer Agriculture and Livestock Limited [2020] KEELRC 609 (KLR)

Summary at a glance

Facts

The claimant was employed by the respondent on a contractual basis for fifteen months, with a further period of fifteen months and a salary increase. The claimant was suspended on allegations of presenting fraudulent cheques and later dismissed on the grounds of absconding duty. She claimed unfair termination and sought compensation.

Issues

• Whether the claimant was unlawfully terminated or deserted duty.
• Whether the claimant is entitled to the remedies sought.

Reasoning

The court found no evidence of desertion of duty or fair termination by the respondent. The claimant is entitled to salary for March 2014, one month's salary in lieu of notice, and payment in lieu of leave earned but not taken. The claimant is also entitled to compensation for unfair termination.

Outcome

The claimant is awarded Kshs.1,800,000 in total compensation.

Remedies

• Salary for March 2014
• One month's salary in lieu of notice
• Payment in lieu of leave earned but not taken
• Compensation for unfair termination

Authorities cited