Muia v Makupa Transit Shade Limited & another (Cause 4 of 2020) [2022] KEELRC 13007 (KLR) (28 October 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 13007
- Citation
- [2022] KEELRC 13007 (KLR)
- Decided
- 28 October 2022
Summary at a glance
TypeEmployment DisputePostureClaimant's Original ActionCoramBYRAM ONGAYA
The court finds the termination unfair and unlawful, and orders the 1st respondent to pay the claimant Kshs 288,000 and 25% of the claimant's costs.
Facts
Claimant Victoria Muthoni Muia was employed by Makupa Transit Shade Limited from April 10, 2017 to November 27, 2019. She was terminated for calling Davmat Company Limited, a sister company, and the termination was challenged as unfair.
Issues
- Unfair termination
- Defamation
- Character assassination
- Unpaid terminal dues
- Counterclaim for damages
Reasoning
The court finds the termination was without valid reason, due notice, and a hearing. The claimant's reputation was injured, and the counterclaim was time-barred.
Outcome
Claimant partially succeeded, 1st respondent ordered to pay Kshs 288,000 and 25% of the claimant's costs.
Orders
- 1st respondent to pay claimant Kshs 288,000 by December 1, 2022
- 1st respondent to deliver certificated of service by December 1, 2022
- 1st respondent to pay 25% of claimant's costs
- counterclaim dismissed with each party bearing own costs
Remedies
- Damages for defamation
- Damages for character assassination
- House allowance
- Notice pay in lieu
- Compensation for 16 years pending retirement age
- Annual leave for year 2018/2019
Authorities cited
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