Joseph Mwaniki Nganga v United Millers Limited [2022] KEELRC 732 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 732
- Citation
- [2022] KEELRC 732 (KLR)
- Decided
- 24 February 2022
The court found the termination to be unfair due to the lack of evidence proving poor performance and the extension of probation period without challenge.
Facts
Claimant Joseph Mwaniki Nganga was employed as a Human Resources Manager by Respondent United Millers Limited from July 1, 2016, for a two-year contract. He was terminated on May 9, 2017, after 11 months of service. The Claimant alleged unfair termination and sought compensation for three months' salary in lieu of notice, 14 months' salary for unlawful termination, unpaid leave days, and costs.
Issues
- Whether the Claimant's termination was unfair
- Whether the Claimant is entitled to the reliefs sought
Reasoning
The court determined that the termination was unfair because the Respondent failed to provide evidence of poor performance and the extension of the probation period was not contested by the Claimant.
Outcome
The court found the termination unfair and dismissed the claim for pay in lieu of notice. The court ordered the Respondent to pay the Claimant 14 months' salary for unlawful termination and unpaid leave days.
Orders
- The Respondent is ordered to pay the Claimant 14 months' salary for unlawful termination and unpaid leave days.
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (3)
- British Leyland UK Ltd v Swift (1981) I.R.L.R 91
- Cooperative Bank of Kenya Limited v Banking Insurance & Finance Union (2017) eKLR
- Jane Samba Mukala v Ol Tukai Lodge Limited Industrial Cause No. 823 of 2010 (2010)LLR 255 (ICK)
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