Rose Matunda v Hi-Tech Opticians [2021] KEELRC 604 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 604
- Citation
- [2021] KEELRC 604 (KLR)
- Decided
- 2 November 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaimant sued for underpayment, unfair termination, and compensation.CoramHON. LADY JUSTICE HELLEN WASILWA
Holding
Claimant was contractively, unfairly, and unlawfully dismissed. Awarded 10 months' salary as compensation, 1 month's notice pay, underpayment, public holidays pay, NSSF and NHIF reimbursement, and a certificate of service.
Facts
Claimant was employed as a sales manager from October 5, 2015, with fluctuating monthly salary. She was terminated on September 9, 2017, without a formal notice or disciplinary hearing. She worked on public holidays and claimed underpayment.
Issues
- Unfair termination
- Compensation for underpayment
- Notice pay
- Public holidays pay
- NSSF and NHIF reimbursement
- Certificate of service
Reasoning
Claimant's termination was unreasonable and constituted a repudiation of the contract, leading to unfair dismissal.
Outcome
Claimant awarded Kshs 1,115,800/- in total, with costs and interest.
Authorities cited
Cases cited (1)
- Coca Cola East or Central Africa Limited VS Maria Kagai Lugaga (2015) 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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