Jackson Mutisya Kethi v Njoro Canning Factory (K) Ltd [2021] KEELRC 273 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 273
- Citation
- [2021] KEELRC 273 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeUnlawful TerminationPostureClaimant sued for unlawful termination, payment of terminal benefits, and costs.CoramHON. LADY JUSTICE HELLEN WASILWA
Holding
Claimant's termination was unfair and unjustified, and he is entitled to 1 month salary in lieu of notice, 22 days salary, 10 months' salary as compensation, and a certificate of service.
Facts
Claimant was employed as Human Resource, Accounts and Administration Manager from December 1, 2016, earning Kshs. 91,525 basic salary and Kshs. 16,474 house allowance. He was terminated on May 22, 2018, without notice or cause, and was not paid for 22 days worked or terminal benefits.
Issues
- Unlawful termination
- Payment of terminal benefits
- Certificate of service
- Costs
Reasoning
Employment Act requires due process before termination, including notification and hearing. The termination was unfair as no notice was given and no due process was followed.
Outcome
Claimant wins.
Orders
- 1 month salary in lieu of notice
- 22 days salary
- 10 months' salary as compensation
- Certificate of service
- Costs of this suit
Authorities cited
Legislation (2)
- Employment Act 2007
- Justus Mukulu Muasya V Wells Fargo Limited (2018) eklr
Cases cited (1)
- Justus Mukulu Muasya V Wells Fargo Limited (2018) eklr
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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