Mwashigadi v Highlands Drink Limited (Cause E046 of 2021) [2022] KEELRC 13141 (KLR) (31 October 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 13141
- Citation
- [2022] KEELRC 13141 (KLR)
- Decided
- 31 October 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant v RespondentCoramDKN MARETE
Holding
The termination of the claimant's employment was found to be unlawful and unfair.
Facts
Mwashigadi was employed as an Area Business Manager and later promoted to General Manager Trade. She was recalled from her annual leave without notice and terminated on grounds of role redundancy. She claimed wrongful and unfair termination.
Issues
- Unlawful, wrongful and unfair termination from employment
- Breach of Employment Contract and Fair Administrative Action Act
- Unfair labour practices
- Failure to pay terminal dues
Reasoning
The court found that the termination was not in accordance with the Employment Act, 2007, and the Constitution of Kenya, 2010, as it lacked proper consultation and notice.
Outcome
Claimant wins, awarded compensation and other remedies.
Orders
- A declaration of wrongful and unfair termination
- One month in lieu of notice
- Six months compensation for unlawful termination
- Service pay
- Accrued leave
- Interest on the award
- Costs to be borne by the Respondent
Remedies
- Declaration of wrongful and unfair termination
- Compensation for unlawful termination
- Service pay
- Accrued leave
- Interest on the award
Authorities cited
Legislation (2)
- Employment Act, 2007
- Constitution of Kenya, 2010
Cases cited (1)
- Cammish v Parliamentary Service 12
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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