Yaron Gureviuch v Selecta Kenya Gmbh & Co Kg [2021] KEELRC 608 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 608
- Citation
- [2021] KEELRC 608 (KLR)
Summary at a glance
TypeEmployment DisputePostureClaimant seeks declaration of unfair termination, payment of salary, and other relief.CoramKLR Rika
The termination on 27.3.2020 was unfair and unlawful due to lack of valid reason and fair hearing.
Facts
Claimant was terminated as General Manager on 27.3.2020 without a valid reason or fair hearing. He was dismissed for unspecified misconduct and failure to follow instructions, though he denied these allegations.
Issues
- Whether the termination on 27.3.2020 was unfair
- Whether the summary dismissal on 15.6.2020 was null and void
- Whether the claimant merits the reliefs sought
Reasoning
The termination letter was silent on the reason for dismissal and did not mention a fair hearing. The court found the respondent failed to prove the relationship with a female employee or the CEO's command was valid.
Outcome
Claimant's termination was declared unfair and unlawful.
Remedies
- A declaration that the termination was unfair and unlawful
- Payment of Kshs 9,704,460.16 as particularized in paragraphs 23 and 25 of the claim
- 12 month’s salary for unfair and unlawful termination of employment
Authorities cited
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