Isami v Musyoka (Cause 920 of 2018) [2023] KEELRC 2663 (KLR) (30 October 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2663
- Citation
- [2023] KEELRC 2663 (KLR)
- Decided
- 30 October 2023
Summary at a glance
TypeLabour DisputePostureClaimant v RespondentCoramBYRAM ONGAYA
Dismissal found not to be unfair, claimant's claims for payment in lieu of notice and damages for unfair termination collapse. Leave pay and service pay claims are declined.
Facts
Claimant Pamela Isami alleged unfair dismissal by Respondent Mary Musyoka, alleging underpayment, unfair labour practices, and breach of natural justice. Respondent denied underpayment and claimed gross misconduct.
Issues
- Contract of service
- Fair reasons for dismissal
- Gross misconduct
Reasoning
Claimant's testimony and the respondent's evidence are consistent, establishing gross misconduct. Service pay is awarded as a reasonable payment.
Outcome
Judgment for respondent to pay claimant Kshs 12,926.55 by 1st December 2023, claimant to receive certificated of service, each party to bear own costs.
Orders
- Respondent to pay claimant Kshs 12,926.55 by 1st December 2023
- Claimant to receive certificated of service by 1st December 2023
- Each party to bear own costs
Remedies
- Service pay
- Certificate of service
Authorities cited
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