Mwangi v Bunson Travel Services Limited (Cause E502 of 2020) [2023] KEELRC 2383 (KLR) (28 September 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2383
- Citation
- [2023] KEELRC 2383 (KLR)
- Decided
- 28 September 2023
Summary at a glance
TypeUnfair Termination of EmploymentPostureAppeal from an original trial decisionCoramM MBARŨ, J
The termination of employment was found to be unfair and without any good cause.
Facts
The claimant, David Wachira Mwangi, was employed as a financial controller by Bunson Travel Services Limited on 1st February 2009. He was promoted to the position of finance director on 31st July 2014. The respondent terminated his employment on 28th April 2020 without any valid reasons, reducing his salary by 70% and issuing a unilateral contract variation.
Issues
- Whether there was unfair termination of employment
- Whether the remedies sought should issue
- Who should pay costs
Reasoning
The respondent failed to provide valid reasons for the termination, did not issue a notice or payment in lieu, and the disciplinary proceedings were a sham.
Outcome
The claimant's termination was found to be unfair and without good cause.
Remedies
- Remedies sought should issue
- Who should pay costs
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