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Rose Matunda v Hi-Tech Opticians [2021] KEELRC 604 (KLR)

[2021] KEELRC 604 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
604
Citation
[2021] KEELRC 604 (KLR)
Decided
2 November 2021
AI Summary Beta 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

  1. Unfair termination
  2. Compensation for underpayment
  3. Notice pay
  4. Public holidays pay
  5. NSSF and NHIF reimbursement
  6. 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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