Onono v Chemartin Tea Company Limited (Cause E013 of 2022) [2023] KEELRC 1053 (KLR) (28 April 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1053
- Citation
- [2023] KEELRC 1053 (KLR)
- Decided
- 28 April 2023
Summary at a glance
TypeUnfair TerminationPostureAppeal from an original trialCoramABUODHA, NJ ABUODHA
The Claimant was terminated unfairly and there was no procedural fairness in the process leading to his termination.
Facts
The Claimant, Alex Ochola Onono, was employed by Chemartin Tea Company Limited as an Estate Accountant. He was terminated after refusing to resign on his own terms. The Respondent claimed the Claimant absconded from work, but the court found this defense unproven.
Issues
- Whether the Claimant was unfairly terminated
- Procedural fairness in the termination process
- Variation of the Claimant's salary
Reasoning
The court found that the Respondent did not demonstrate that the Claimant absconded duty and that the variation of the Claimant's salary was without any basis. The court awarded the Claimant one month's salary in lieu of notice, withheld salaries, and six months' salary as compensation for unfair termination.
Outcome
Claimant wins
Orders
- Award of one month's salary in lieu of notice
- Award of withheld salaries
- Award of six months' salary as compensation for unfair termination
- Award of costs in the suit
Remedies
- Compensation for unfair termination
- Salary in lieu of notice
- Withheld salaries
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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