Thuo v Samba Pharmaceuticals Limited (Cause 596 of 2016) [2023] KEELRC 2347 (KLR) (28 September 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2347
- Citation
- [2023] KEELRC 2347 (KLR)
- Decided
- 28 September 2023
Summary at a glance
TypeUnfair DismissalPostureAppeal from a decision of the Employment and Labour Relations CourtCoramM. MBARU
The Employment and Labour Relations Court found that the termination of employment was unfair and awarded compensation at four months' gross salary, a certificate of service, and costs.
Facts
The claimant was employed as a medical representative by the respondent on February 2, 2015, earning Kshs. 37,602 per month. His employment was terminated on May 18, 2016, without notice or reasons. The claimant was summoned to a meeting on May 16, 2016, and informed that sales had reduced, necessitating the termination of his employment. The respondent served a letter terminating his employment on June 12, 2016, and made a deposit of Kshs. 42,788 as final dues.
Issues
- unfair termination of employment
- compensation for unfair termination
Reasoning
The court found that the termination was unfair and awarded compensation based on the claimant's tenure and the last wage received.
Outcome
The claimant is awarded compensation, a certificate of service, and costs.
Orders
- employment took effect on May 8, 2016
- compensation awarded at Kshs. 150,408
- a certificate of service shall issue in terms of section 51 of the Employment Act, 2007
- costs of the suit awarded to the claimant
Remedies
- compensation for unfair termination
- certificate of service
- costs
Authorities cited
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