Murithi v SGS Kenya Limited (Cause 328 of 2018) [2022] KEELRC 1325 (KLR) (13 May 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1325
- Citation
- [2022] KEELRC 1325 (KLR)
- Decided
- 13 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSummary Dismissal ReviewPostureAppeal from summary dismissalCoramBYRAM ONGAYA
Holding
The summary dismissal was unfair and the respondent failed to maintain a sexual harassment policy.
Facts
Claimant was dismissed on 07.03.2018, after being suspended for 7 days. Allegations of sexual harassment and extortion were made against him.
Issues
- Whether the summary dismissal was fair
- Whether the respondent failed to maintain a sexual harassment policy
Reasoning
The Court held that the claimant was not afforded an opportunity to attend the hearing with a colleague as per section 41 of the Act. The respondent did not institute a sexual harassment policy as required by the Employment Act.
Outcome
Claimant awarded full compensation of 12 months’ salaries, declaration of unfair dismissal, and costs of the suit.
Orders
- Respondent to issue a sexual harassment policy by 01.09.2022
- Respondent to pay claimant Kshs. 1, 123, 345.00 by 01.07.2022
- Respondent to deliver claimant’s certificate of service by 01.07.2022
- Claimant to be awarded costs of the suit
Remedies
- Declaration of unfair dismissal
- Compensation of 12 months’ salaries
- Certificate of service
- Costs of the suit
Authorities cited
Legislation (2)
- Employment Act, 2007
- Sexual Harassment Policy
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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