Kitonga Kivundu v Ben & Jans Care Services Limited [2021] KEELRC 195 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 195
- Citation
- [2021] KEELRC 195 (KLR)
- Decided
- 14 December 2021
Summary at a glance
The Court finds the Claimant's termination unfair and unjustified under Section 45(2) of the Employment Act.
Facts
Claimant Kitonga Kivundu was employed by Respondent Ben & Jans Care Services Limited as a support staff in the cleaning department. The Claimant was dismissed on November 3, 2015, for seeking audience with management regarding alleged increase in working hours.
Issues
- Whether the Claimant's termination was fair
- Whether the Claimant is entitled to the reliefs sought
Reasoning
The Court found that the Respondent did not provide a valid reason for the termination and did not follow the required procedural steps as per Section 41 of the Employment Act.
Outcome
The Court declares the termination unfair and unjustified.
Orders
- One month's salary in lieu of notice Kshs.9,700.00
- Overtime payment for two extra hours for the entire period of service being Kshs.89,467.74
⚠ 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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