Rotiken v Olekina (Cause E165 of 2021) [2023] KEELRC 2177 (KLR) (26 September 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2177
- Citation
- [2023] KEELRC 2177 (KLR)
- Decided
- 26 September 2023
Summary at a glance
TypeUnfair Termination of EmploymentPostureClaimant initiated the suit, Respondent did not respondCoramJK GAKERI, Maureen Onyango, Ndolo
The court found that the termination was unfair due to lack of substantive justification and procedural fairness.
Facts
Claimant was employed by Respondent from September 1, 2017 to September 7, 2020. He was terminated without notice or just cause. He claimed salary arrears, notice pay, and other benefits.
Issues
- Whether termination of employment was unfair
- Whether the claimant is entitled to the reliefs sought
Reasoning
The court held that the termination was unfair because there was no substantive justification and the procedure adopted was not fair.
Outcome
Claimant's claim for damages, costs, and interest was upheld.
Orders
- The court declared the termination of employment as unfair and ordered the payment of damages, costs, and interest.
Remedies
- Damages, costs, and interest
Authorities cited
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