Betty Chemurgor v Laico Regency Hotel Limited [2021] KEELRC 238 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 238
- Citation
- [2021] KEELRC 238 (KLR)
- Decided
- 6 December 2021
The termination was procedurally unfair as the Respondent did not provide a one-month notice as required by Section 40(1)(b) of the Employment Act.
Facts
Claimant was employed by Respondent as a sales account manager from February 2009 to May 2015. Her employment was terminated on May 27, 2015, with a redundancy reason stated in a termination letter. The Claimant did not belong to a union.
Issues
- Reasons for termination
- Procedural fairness of termination
- Substantive fairness of termination
- Discriminatory termination
- Reliefs to be availed
- Costs of the suit
Reasoning
The Court found that the termination was procedurally unfair because the Respondent did not comply with the mandatory conditions of Section 40(1)(b) of the Employment Act, specifically by not providing a one-month notice to the Claimant.
Outcome
The Court ruled that the termination was procedurally unfair and ordered the Respondent to pay the Claimant one month's notice or one month's wages in lieu of notice.
Orders
- One month's notice or one month's wages in lieu of notice to be paid to the Claimant
Remedies
- One month's notice or one month's wages in lieu of notice to the Claimant
Authorities cited
Legislation (2)
- Employment Act, 2007
- Constitution of Kenya 2010
Cases cited (2)
- Barclays Bank of Kenya Ltd vs Gladys Muthoni & 20 Others [2018] eKLR
- Thomas De La Rue [k] Ltd vs David Opondo Omutelema [2013] eKLR
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