Ruth Mwikali Muia & 2 others v Jam Hotels Limited & another [2021] KEELRC 757 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 757
- Citation
- [2021] KEELRC 757 (KLR)
- Decided
- 15 October 2021
Summary at a glance
TypeUnfair TerminationPostureAppeal from original trialCoramJames Rika
The Court declares that termination of the 1st Claimant's contract was unfair and unlawful. The Respondents are ordered to pay the Claimant gratuity of Kshs. 30,000, compensation equivalent of 4 months' salary for unfair termination at Kshs. 90,000, and leave pay at Kshs. 54,518. Costs are awarded to the 1st Claimant.
Facts
The 1st Claimant, Ruth Mwikali Muia, was employed by Jam Hotels Limited and Jam Rescue Restarant Limited from November 2008 to September 2014. She was last employed as a cashier and was granted a 12-day sick-off in June 2014. She was discharged on September 1, 2014, and advised to report for duty, but was not given a letter of termination.
Issues
- Unfair termination
- Gratuity
- Compensation for unfair termination
- Annual leave
- Notice pay
Reasoning
The Court found that the Respondents did not provide a valid reason for termination and did not follow due process. The 1st Claimant worked for 6 years and had a clean record, expecting to be retained after renovations.
Outcome
Appeal upheld
Orders
- Gratuity of Kshs. 30,000
- Compensation equivalent of 4 months' salary for unfair termination at Kshs. 90,000
- Leave pay at Kshs. 54,518
- Costs to the 1st Claimant
- Interest granted at court rates
Remedies
- Gratuity
- Compensation for unfair termination
- Annual leave
- Costs
- Interest
Authorities cited
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