Alice Wambui Adwordy v Casa Dei Bambini Limited [2022] KEELRC 891 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 891
- Citation
- [2022] KEELRC 891 (KLR)
- Decided
- 4 February 2022
Summary at a glance
TypeEmployment DisputePostureAppeal from the original trialCoramJAMES RIKA
The termination was found to be unfair, and the Respondent is ordered to pay the Claimant equivalent of 6 months' salary in compensation for unfair termination (Kshs. 228,000) and notice pay (Kshs. 38,000). The Claimant is also granted a certificate of service and costs.
Facts
The Claimant, Alice Wambui Adwordy, was employed as a Teacher by the Respondent, Casa Dei Bambini Limited, around September 2014. The Respondent terminated her contract on or about 2nd November 2016 without justification and without a hearing. The Claimant claimed unfair termination, salary and benefits, and other damages.
Issues
- Unfair termination
- Compensation for unfair termination
- Notice pay
- Leave pay
- Gratuity
- Reimbursement of statutory deductions
- Certificate of Service
- General damages for breach of fundamental rights
Reasoning
The court found that the termination was unfair as there was no justification and no hearing. The Claimant's salary and benefits were not fully remitted, and she was denied leave pay and gratuity.
Outcome
In favor of the Claimant
Orders
- Equivalent of 6 months' salary in compensation for unfair termination (Kshs. 228,000)
- Notice pay (Kshs. 38,000)
- Certificate of Service
- Costs to the Claimant
- Interest allowed at court rates from the date of Judgment, till payment is made in full
Remedies
- Compensation for unfair termination
- Notice pay
- Certificate of Service
- Costs
- Interest
Authorities cited
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