Njuguna v Kariuki & 2 others (Sued respectively on behalf of, and in their capacity as Chairman, Secretary, and Treasurer of Ruiru Catholic Church Members Development Fund) (Cause 1577 of 2018) [2023] KEELRC 206 (KLR) (31 January 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 206
- Citation
- [2023] KEELRC 206 (KLR)
- Decided
- 31 January 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a previous decisionCoramJames Rika
Holding
The termination was unfair, and the respondent is ordered to pay compensation equivalent to 10 months' gross salary, severance pay, and notice.
Facts
The claimant was employed as an Operations Manager and later as Marketing/Relations Manager and Public Relations/Funds Manager. He was terminated on June 16, 2018, and received a 1-month salary in lieu of notice. He claimed unfair termination, unpaid terminal dues, and denied leave and leave traveling allowance.
Issues
- Unfair termination
- Unpaid terminal dues
- Denied leave and leave traveling allowance
- Severance pay
Reasoning
The court found the termination unfair due to the discriminatory nature and lack of economic downturn justification. The respondent failed to pay terminal dues and denied leave and leave traveling allowance.
Outcome
In favor of the claimant
Orders
- Compensation equivalent to 10 months' gross salary
- Severance pay
- Notice
- Certificate of Service
- Costs to the claimant
- Interest granted at court rate
Authorities cited
Legislation (1)
- Employment Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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