Wasirimba v Bhunda t/a Bhundia Associates (Employment and Labour Relations Cause 2101 of 2017) [2022] KEELRC 13306 (KLR) (25 November 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 13306
- Citation
- [2022] KEELRC 13306 (KLR)
- Decided
- 25 November 2022
The court held that the claimant was not in the respondent’s employment after June 30, 2016, and thus, the claimant was not unfairly or unlawfully terminated.
Facts
The claimant, Joy Nabwire Wasirimba, was employed as a sociologist by the respondent, Bhundia Associates, from August 1, 2009, to June 30, 2016. She was on maternity leave from October 11, 2016, to February 20, 2017. After her leave, she did not return to work and has not been recalled since.
Issues
- Was the claimant in the respondent’s employment after June 30, 2016?
- If the answer to (i) is in the affirmative, was the claimant unfairly or unlawfully terminated from employment?
- What reliefs, if any, are available to the claimant?
Reasoning
The court found that the respondent paid the claimant’s salary until December 2016, which implies she was still in employment. However, the respondent terminated her employment on December 31, 2016, and issued a letter confirming this. The court concluded that the claimant was not in employment after June 30, 2016.
Outcome
The appeal was dismissed.
Orders
- An award of one month's salary in lieu of notice being Kshs 90,000.00.
- The total award is Kshs 360,000.00.
- Interest on the amount in (c) at court rates from the date of judgement until payment in full.
- The respondent shall bear the costs of the suit.
Remedies
- Notice pay
- Compensatory damages
Loading judgment…