Chepkoech v English Point Marina (Cause 63 of 2018) [2023] KEELRC 1301 (KLR) (25 May 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1301
- Citation
- [2023] KEELRC 1301 (KLR)
- Decided
- 25 May 2023
Summary at a glance
TypeEmployment DisputePostureRespondent failed to call evidenceCoramAK NZEI
The termination was unfair due to lack of procedural fairness and substantiation
Facts
Claimant was employed as a Spa Therapist by Respondent. She was terminated on December 6, 2016, without notice, and subjected to disciplinary proceedings that she claimed were unfair.
Issues
- whether termination of employment was unfair
- whether Claimant is entitled to relief
Reasoning
For termination to be fair, there must be both substantive justification and procedural fairness. The Respondent failed to provide evidence supporting the termination.
Outcome
Claimant's claim for unfair termination and other reliefs is upheld
Remedies
- three months' salary in lieu of notice
- salary for 13 days worked in December 2016
- payment for 42 untaken leave days
- compensation for wrongful termination
Authorities cited
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