Nedunchezhian v Crown Solutions Limited t/a Crown Healthcare & another (Cause 658 of 2019) [2022] KEELRC 1104 (KLR) (19 April 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1104
- Citation
- [2022] KEELRC 1104 (KLR)
- Decided
- 19 April 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a decision on the meritsCoramOCHARO
Holding
The termination was procedurally and substantively unfair.
Facts
The Claimant, Sivashanmugam Harur Nedunchezhian, was employed by the Respondent, Crown Solutions Limited, as Head of Technical Services on January 14, 2019. He was terminated on August 22, 2019, for poor performance. The Claimant subsequently filed a claim for terminal and contractual dues, costs, and interest.
Issues
- Whether the termination of the Claimant's employment was fair.
- Whether the Claimant is entitled to the unadmitted reliefs.
- Who should bear the costs of this suit?
Reasoning
The termination was not in accordance with the mandatory procedure provided by the Employment Act, and the employer did not provide the employee with a fair hearing.
Outcome
The Claimant was awarded two months' compensatory relief.
Remedies
- Compensatory relief of two (2) months' salary
Authorities cited
Legislation (1)
- Employment Act 2007
Cases cited (2)
- Peter Kamau Mwaura and another vs. National Bank of Kenya
- Jane Samba Mukala vs. Ole Tukai Lodge Limited
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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