Mokoro v County Assembly of Nyamira & 2 others (Employment and Labour Relations Cause 98 of 2018) [2022] KEELRC 14683 (KLR) (23 March 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 14683
- Citation
- [2022] KEELRC 14683 (KLR)
- Decided
- 23 March 2022
Summary at a glance
TypeEmployment and Labour RelationsPostureAppeal from an original trialCoramRADIDO
The termination of the Claimant's employment was procedurally unfair and the Court awards compensation and pay in lieu of notice.
Facts
The Claimant was employed as a Personal Assistant to the Speaker of the County Assembly of Nyamira. The employment was terminated on January 15, 2018, without a written notice and without the Claimant being heard. The Claimant sued for unfair termination and breach of contract.
Issues
- Procedural fairness
- Substantive fairness
- Compensation
- Salary in lieu of notice
- Breach of contract
- Lost income
- Severance pay
- Gratuity
Reasoning
The Court found that the termination was procedurally unfair due to the lack of a written notice and the absence of an opportunity for the Claimant to be heard. The Court also found that there were no valid or fair reasons for the termination.
Outcome
The Claimant was awarded compensation and pay in lieu of notice.
Orders
- Compensation of Kshs 731,100/-
- Pay in lieu of notice of Kshs 39,110/-
Remedies
- Costs
Authorities cited
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