Kariuki v Leo Investments Ltd T/A the Concord Hotels, Beach Villas and Game Lodge & 3 others (Cause 385 of 2019) [2022] KEELRC 3885 (KLR) (2 September 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3885
- Citation
- [2022] KEELRC 3885 (KLR)
- Decided
- 2 September 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePosturePart HearingCoramSC RUTTO
Holding
The claimant's termination was not unfair and unlawful.
Facts
The claimant, David Namu Kariuki, was employed by Leo Investments Ltd T/A the Concord Hotels, Beach Villas and Game Lodge as Group Financial Controller on a two-year renewable contract. He was terminated on 31st May, 2019, five months into his employment.
Issues
- Was the claimant's termination unfair and unlawful?
- Is the claimant entitled to the reliefs sought?
Reasoning
The claimant copied his advocate in an email communication regarding deductions from his salary, which was considered a breach of his contractual obligation. The probation period was a stage of discovery, and the claimant's termination was procedurally fair.
Outcome
The claimant is entitled to reimbursement of deductions, prorated leave, and service pay.
Orders
- Each party shall bear its own costs.
Remedies
- Reimbursement of deductions
- Prorated leave
- Service pay
Authorities cited
Legislation (1)
- Employment Act
Cases cited (1)
- Monica Munira Kibuchi & 6 others v Mount Kenya University; Attorney General (Interested Party) [2021] 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.
Loading judgment…