Nancy Omolo v Mercy Corps [2021] KEELRC 719 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 719
- Citation
- [2021] KEELRC 719 (KLR)
- Decided
- 28 September 2021
The Court dismisses the suit, finding that the termination was not unfair and that the Claimant is not entitled to compensation for violation of her right to fair labour practices.
Facts
The Claimant was employed by Mercy Corps as the Gender, Youth and Social Dynamics Lead on October 1, 2019, earning a monthly salary of Kshs. 540,000. The employment was initially a fixed-term contract for one year, but the Respondent issued a 'Probation Review' document in January 2020, which the Claimant signed but did not accept as a variation of her terms of employment. The contract was terminated on April 2, 2020, citing poor performance, but the Claimant argued it was a constructive termination due to the lack of a fair process.
Issues
- Unfair termination
- Probationary contract
- House allowance
- Remainder of contract
- Fair labour practices
Reasoning
The Court ruled that the termination was not unfair and that the Claimant was not entitled to compensation for violation of her right to fair labour practices. The Court also dismissed the claims for house allowance and the remainder of the contract.
Outcome
Dismissed
Authorities cited
Cases cited (1)
- Postal Corporation of Kenya v Andrew K. Tanui (2019) eKLR
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