Njoki v Deep Blue Enterprises Kenya Limited (Cause 184 of 2015) [2022] KEELRC 12940 (KLR) (27 October 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 12940
- Citation
- [2022] KEELRC 12940 (KLR)
- Decided
- 27 October 2022
Summary at a glance
TypeEmployment DisputePostureAppeal from the original trialCoramNDOLO
The claimant is awarded 8 months' salary in compensation, 1 month's salary in lieu of notice, 147,000 in leave pay, and 105,000 in service pay, totaling 522,000.
Facts
John Mwangi Njoki was employed by Deep Blue Enterprises Kenya Limited as an Accountant/Manager from February 5, 2008 until February 13, 2015. He was terminated on February 13, 2015, and claims damages for loss of career and earnings.
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 respondent terminated the claimant's employment without justifiable cause and in violation of due procedure, as no efforts were made to reach out to the claimant regarding the termination.
Outcome
In favor of the claimant
Orders
- 8 months' salary in compensation
- 1 month's salary in lieu of notice
- 147,000 in leave pay
- 105,000 in service pay
Remedies
- 8 months' salary in compensation
- 1 month's salary in lieu of notice
- 147,000 in leave pay
- 105,000 in service pay
- Certification of service
- Costs of the case
Authorities cited
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