Katumbe v Sapna Bhandary t/a Chowpaty Fast Foods (Cause 1439 of 2017) [2023] KEELRC 2712 (KLR) (5 October 2023) (Judgment)

Summary at a glance

Facts

Claimant Esther Karimi Katumbe was an employee of Respondent Sapna Bhandary t/a Chowpaty Fast Foods, earning Kshs. 20,000 monthly. She was terminated without notice on unjustified grounds of alleged misappropriation of funds.

Issues

• Whether the Respondent unfairly terminated the Claimant’s employment
• Whether the Claimant is entitled to the reliefs sought

Reasoning

The court considered the Employment Act 2007 and found that the termination was without notice, thus violating the Act.

Outcome

The court found in favor of the Claimant on the issue of unfair termination.

Orders

• Declaration that the Claimant’s dismissal was unjust, inequitable and unfair
• Payment of terminal benefits including outstanding leave, salary in lieu of notice, and gratuity
• Service pay and issuance of Certificate of Service
• Interest on terminal benefits and costs of the suit

Remedies

• Declaration of unfair dismissal
• Terminal benefits
• Service pay
• Interest on terminal benefits and costs

Authorities cited