Wango v Tai Savings & Credit Ltd (Cause 1225 of 2018) [2022] KEELRC 13474 (KLR) (6 December 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 13474
- Citation
- [2022] KEELRC 13474 (KLR)
- Decided
- 6 December 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial decisionCoramAN MWAURE
Holding
The court found that the termination was unfair and unlawful, and ordered the respondent to pay severance pay, general damages, and other relief.
Facts
Claimant Anastacia Wango was employed by respondent Tai Savings & Credit Ltd as a Credit Supervisor from 2001 to 2018. She was terminated on January 23, 2018, allegedly for insulting her employer, insubordination, breach of communication channels, and inciting other employees.
Issues
- Whether the claimant was unfairly/unlawfully terminated
- The reliefs, if any, the claimant is entitled to.
Reasoning
The court held that the employer failed to substantively and procedurally prove the reasons for termination, as the letters allegedly inciting other employees were not properly addressed and lacked evidence of insubordination or insult.
Outcome
Affirmed the original decision
Orders
- Declaration that the termination was unlawful and unfair
- Severance pay at the rate of one month's salary for each year worked
- General damages for loss of income for 19 years
- Freeze of loan payment and interest accrual in the claimant's account
- Damages for unlawful and unfair termination
- Interest on the above
Authorities cited
Legislation (2)
- Employment Act 2007
- Civil Procedure Rules
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.
Loading judgment…