Kenya Plantation & Agricultural Workers Union v Groove Flowers Limited (Cause 61 of 2021) [2022] KEELRC 13437 (KLR) (8 December 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 13437
- Citation
- [2022] KEELRC 13437 (KLR)
- Decided
- 8 December 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaimant v RespondentCoramHS WASILWA
Holding
The dismissal of the grievant is declared unfair and unjustified.
Facts
The claimant, Ms Sarah Maeri Kwamboka, was employed by the respondent as a general worker for about 6 years. She resigned on April 18, 2021, but the respondent issued her with a termination letter on April 28, 2021, before she completed her resignation notice period. She claimed unfair termination, while the respondent denied it.
Issues
- Unfair termination
- Due process in dismissal
Reasoning
The court found that there was no proof of valid reasons for the dismissal and no evidence of due process being conducted.
Outcome
Claimant wins
Orders
- 1 month's salary in lieu of notice
- Pay for days worked in April 2021
- Pro rata leave days earned and not taken
- 6 years gratuity
- 10 months' salary as compensation for unlawful and unfair termination
- Issue of a certificate of service
- Respondent pays costs and interest
Authorities cited
Legislation (1)
- Employment Act 2007
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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