Manegene v Mamba Group of Hotels Limited & another (Cause 211 of 2017) [2022] KEELRC 12836 (KLR) (13 October 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 12836
- Citation
- [2022] KEELRC 12836 (KLR)
- Decided
- 13 October 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial decisionCoramKLR Abuodha, NDOLO
Holding
The court finds the claimant's termination was unlawful and unfair, and awards compensation and other remedies.
Facts
The claimant, Esther Manegene, was terminated by Mamba Group of Hotels Limited and Sizzling Grills Limited on September 5, 2015. She claims the termination was unlawful and unfair, and seeks compensation and other remedies.
Issues
- Whether the claimant has made out a case of unlawful termination of employment
- Whether the claimant is entitled to the remedies sought
Reasoning
The court rejects the respondents' defense that the claimant deserted duty and finds that the termination was without justifiable cause and in violation of due procedure.
Outcome
Judgment in favor of the claimant
Orders
- 4 months' salary in compensation
- 1 month's salary in lieu of notice
- Allowance for unpaid salary for 5 days in September 2015
Remedies
- Compensation
- Salary in lieu of notice
- Unpaid salary for 5 days in September 2015
Authorities cited
Legislation (1)
- Employment Act
Cases cited (2)
- Simon Mbithi Mbane v Inter Security Services Ltd
- Ronald Nyambu Daudi v Tornado Carriers 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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