Michael Njoroge Nganga v Home Afrika Limited [2020] KEELRC 987 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 987
- Citation
- [2020] KEELRC 987 (KLR)
- Decided
- 29 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair Termination of EmploymentPostureAppeal from an original trial decisionCoramRadido Stephen
Holding
The termination of the Claimant's employment was procedurally unfair and the Court awards compensation of Kshs 6,756,576/-
Facts
The Claimant, Michael Njoroge Nganga, was employed as Chief Executive Officer by Home Afrika Limited from November 2013. On September 1, 2015, the Respondent terminated the Claimant's contract citing poor performance. The Claimant challenged the termination as procedurally unfair.
Issues
- Procedural fairness of termination
- Substantive fairness of termination
- Compensation for wrongful termination
- Unpaid salary and allowances
- Unpaid commissions
Reasoning
The Court found that the Claimant was not afforded an opportunity to be heard before the decision to terminate his employment, as required by the Employment Act, 2007.
Outcome
Affirmed
Orders
- Compensation of Kshs 6,756,576/-
- Payment of unpaid salary/allowances from March to August 2015
- Payment of 3-months' salary in lieu of notice
- Payment of 30 days accrued leave
- Interest on unpaid dues from 30 May 2016 if not paid by 30 July 2020
Remedies
- Compensation
- Payment of unpaid salary/allowances
- Payment of 3-months' salary in lieu of notice
- Payment of 30 days accrued leave
- Interest on unpaid dues
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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