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Beth Nyawira Gathomi v Unilever Kenya Limited [2020] KEELRC 913 (KLR)

[2020] KEELRC 913 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
913
Citation
[2020] KEELRC 913 (KLR)
Decided
28 May 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from original trialCoramHON. LADY JUSTICE HELLEN WASILWA
Holding

The disciplinary process was unfair and the termination was therefore unfair.

Facts

Claimant was suspended and later terminated by Respondent for violating the Code of Business Principles. She claimed unfair dismissal and sought various remedies.

Issues

  1. Fairness of the disciplinary process
  2. Validity of the reasons for termination

Reasoning

The court found that the Claimant was not provided with the necessary documents to defend herself and was not informed of the charges against her. The disciplinary hearing was therefore not fair.

Outcome

Claimant's employment was declared unfair and she was awarded compensation and other remedies.

Orders

  • Award of 4 months' salary as compensation for unfair dismissal
  • Award of 3 months' salary in lieu of notice
  • Award of leave allowance
  • Award of salary for 9 days worked in December 2014
  • Award of leave for 15 days unutilised leave

Authorities cited

Legislation (1)
  • Employment Act 2007
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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