SheilA Khaoya Akaliche v Artcaffe Coffee and Bakery Limited [2021] KEELRC 1813 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1813
- Citation
- [2021] KEELRC 1813 (KLR)
Summary at a glance
TypeEmployment AppealPostureAppeal from a first-instance decisionCoramMATHEWS N. NDUMA
The appeal is allowed in part, with the following orders: one month salary in lieu of notice, Kshs.35,000 in lieu of 14 days untaken leave, and grant of Certificate of Service to the appellant within 30 days of this judgment.
Facts
The appellant, Sheila Khaoya Akaliche, was dismissed by the respondent, Artcaffe Coffee and Bakery Limited, for stealing food from the bin. She claimed unfair dismissal, underpayment of National Social Security Fund contributions, and other compensatory and declaratory relief.
Issues
- Fairness of dismissal
- Compliance with internal dispute resolution procedure
- Pension and service pay entitlement
- Discrimination
Reasoning
The court found the dismissal unfair and that the respondent failed to follow its internal procedures. The court also found the appellant entitled to service pay and a Certificate of Service.
Outcome
Appeal allowed in part
Orders
- One month salary in lieu of notice
- Kshs.35,000 in lieu of 14 days untaken leave
- Grant of Certificate of Service within 30 days
Remedies
- One month salary in lieu of notice
- Kshs.35,000 in lieu of 14 days untaken leave
- Grant of Certificate of Service
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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