Otieno v United Millers Limited (Cause 77 of 2019) [2022] KEELRC 1428 (KLR) (23 June 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1428
- Citation
- [2022] KEELRC 1428 (KLR)
- Decided
- 23 June 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent Responded, Claimant Filed SubmissionsCoramCN BAARI
Holding
The termination was unfair as it was procedurally and substantively unjust.
Facts
Claimant was employed as a secretary by Respondent. She took annual leave to seek medical attention. After treatment, she was advised to rest and underwent surgery. Her sight was lost due to surgeries. Claimant was not paid after her leave ended and was later terminated.
Issues
- Whether the Claimant was unfairly terminated.
- Whether the Claimant is entitled to the remedies sought.
Reasoning
The court found that the termination was not fair due to lack of notice and reasons, and the employer's failure to accommodate the employee's medical condition.
Outcome
Claimant's termination was found to be unfair.
Remedies
- Declaration that termination is unfair
- Payment of 12 months salary as compensation for unfair termination
- Three (3) months' salary in lieu of notice
- Exemplary damages
- Damages for constitutional violations
- Certificate of service
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (2)
- Kenya Plantations & Agricultural Workers Union v. Rea Vipingo Plantations & Another (2015) eKLR
- Samuel Wanyonyi Wamalwa v Wells Fargo Limited (2014) eKLR
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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