Judith Brenda Onyango v Sanlam General Insurance Limited (Formerly Gateway Insurance Company Limited) [2020] KEELRC 820 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 820
- Citation
- [2020] KEELRC 820 (KLR)
- Decided
- 26 June 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeWrongful DismissalPostureAppeal from a decision to dismiss the claimant from employmentCoramPresiding Judge
Holding
The Court found that fair procedure was not followed and the dismissal was not grounded on valid and fair reason.
Facts
The claimant was employed by the respondent as Head of Claims Department. She was dismissed on 14.9.2015 for gross misconduct. She was sent on compulsory leave on 31.7.2015 and a show cause letter was served on 13.8.2015. She was denied access to the office and sufficient time to respond to the show cause letter.
Issues
- Whether fair procedure was followed
- Whether the dismissal was grounded on valid and fair reason
- Whether the claimant is entitled to the reliefs sought
Reasoning
The Court found that the dismissal was not fair as the claimant was not given a fair hearing and new matters were introduced at the disciplinary hearing.
Outcome
The Court found in favor of the claimant and ordered the dismissal to be reviewed.
Orders
- The Court reviews the decision to dismiss the claimant from the employment of the respondent
Remedies
- The Court reviews the decision to dismiss the claimant from the employment of the respondent
- General damages for loss of salary, allowance and career by reason of wrongful dismissal equivalent to 12 months salary
- Salary for the 14 days worked in September
- Damages in lieu of one month notice
- Salary for the 27 days used to offset the compulsory leave
- Service pay (for the 5 years worked)
- Costs of this suit
- Interest on (b) - (g) above till payment in full
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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