Mercy Kawira Mithika v Kenya Women Microfinance Bank PLC [2021] KEELRC 94 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 94
- Citation
- [2021] KEELRC 94 (KLR)
- Decided
- 14 December 2021
Summary at a glance
TypeEmployment DisputePostureAppeal from the original trialCoramAburili, Makau, Mbaru, Ndolo, Ongaya, Radido, Rika
The Petitioner's termination was not voluntary and she was subjected to unlawful and unfair termination. The Petitioner is entitled to compensation and refund of terminal dues.
Facts
The Petitioner was employed by the Respondent as a Business Development Officer. She was moved to the Emali Unit and later to the Kiambu Branch. She was subjected to disciplinary proceedings and eventually terminated from her employment.
Issues
- Whether the termination was voluntary or coerced
- Whether the Petitioner's rights were violated under the Constitution of Kenya 2010 and the Employment Act of 2007
- Whether the Petitioner is entitled to damages, compensation, and refund of terminal dues
Reasoning
The Petitioner was subjected to disciplinary proceedings and eventually terminated from her employment. The Petitioner's termination was not voluntary and she was subjected to unlawful and unfair termination. The Petitioner is entitled to compensation and refund of terminal dues.
Outcome
The Petitioner's petition is upheld and the Respondent is ordered to pay compensation and refund terminal dues.
Orders
- The Respondent is ordered to pay compensation and refund terminal dues to the Petitioner
Remedies
- Compensation and refund of terminal dues
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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