Kamuyu v Habitech Consultants Limited (Cause E132 of 2022) [2023] KEELRC 1533 (KLR) (15 June 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1533
- Citation
- [2023] KEELRC 1533 (KLR)
- Decided
- 15 June 2023
Summary at a glance
TypeEmployment DisputePostureAppeal from the original trialCoramBOM MANANI
The court found that the termination of the Claimant's contract was not for a lawful cause and was not in accordance with fair procedure.
Facts
The Claimant, Angela Muthoni Kamuyu, was employed as an architect by Habitech Consultants Limited from December 20, 2017. The contract was terminated on August 3, 2021, and the Claimant challenged the legality of the termination.
Issues
- Whether the Claimant's contract of employment was terminated for lawful cause and in accordance with fair procedure.
- Whether the Respondent's counter-claim is merited.
- Whether the parties are entitled to the reliefs sought in their respective cases.
Reasoning
The court held that the Respondent did not provide evidence to show that the Claimant was absent from work without lawful cause, and thus the termination was unlawful.
Outcome
The court found in favor of the Claimant and ordered the Respondent to pay compensation.
Orders
- The Respondent is ordered to pay compensation to the Claimant.
Remedies
- Compensation for the Claimant.
Authorities cited
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