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Rukiya Abdul Jabbar v Diamond Trust Bank Limited [2021] KEELRC 2094 (KLR)

[2021] KEELRC 2094 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2094
Citation
[2021] KEELRC 2094 (KLR)
Decided
26 February 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant's AppealCoramJames Rika
Holding

The Court declined the claimant's prayer for a declaration of unfair termination, certificate of service, and arrears of salary. The Court ordered the payment of 1-month salary in lieu of notice and 12 months' salary in compensation for unfair termination.

Facts

Claimant was employed by Habib Bank Limited and later by Diamond Trust Bank Limited. She was a Manager at the Mombasa Branch and was paid a basic salary and house allowance. She was suspended and later summarily dismissed. She claimed unfair termination and sought various remedies.

Issues

  1. Unfair termination
  2. Overtime pay
  3. Gratuity
  4. Annual leave

Reasoning

The Court found that the termination was not unfair and that the claimant did not provide evidence for additional compensation or reinstatement.

Outcome

Appeal dismissed

Orders

  • Declined the claimant's prayer for a declaration of unfair termination
  • Declined the claimant's prayer for a certificate of service
  • Declined the claimant's prayer for arrears of salary
  • Ordered the payment of 1-month salary in lieu of notice
  • Ordered the payment of 12 months' salary in compensation for unfair termination

Remedies

  • 1-month salary in lieu of notice
  • 12 months' salary in compensation for unfair termination

Authorities cited

Legislation (2)
  • Employment Act
  • Regulation of Wages (General) Order
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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