Kenneth Ndigirigi Gitau v Tangerine Investments Limited [2022] KEELRC 806 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 806
- Citation
- [2022] KEELRC 806 (KLR)
- Decided
- 15 February 2022
Summary at a glance
TypeUnfair TerminationPostureAppeal from an original trialCoramHon. Lady Justice Maureen Onyango
The Employment Act was violated as the termination was unfair.
Facts
The Claimant, Kenneth Ndigirigi Gitau, was employed by the Respondent, Tangerine Investments Limited, from June 1, 2013, until November 27, 2015. The Respondent terminated his employment on November 27, 2015, citing non-performance. The Claimant alleged unfair termination and sought compensation.
Issues
- Unfair termination of employment
- Calculation of compensation
Reasoning
The court found that the termination was unfair due to the lack of a fair procedure and valid reason, as per Section 41 and 45(2) of the Employment Act.
Outcome
The suit was dismissed with costs.
Orders
- Award of Kshs.50,389 for November 2015 salary
- Award of Kshs.50,389 for one month's salary in lieu of notice
- Award of 25 days' leave in the sum of Kshs.48,451
- No award for house allowance or unpaid commission
Remedies
- Compensation for November 2015 salary
- One month's salary in lieu of notice
- 25 days' leave
Authorities cited
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