Njeri v Khalif Modern Homes Ltd (Employment and Labour Relations Appeal E138 of 2022) [2023] KEELRC 2890 (KLR) (10 November 2023) (Judgment)

Summary at a glance

Facts

The Appellant, Magdalene Gitari Njeri, was employed by the Respondent, Khalif Modern Homes Ltd, as a property advisor. Her contract was to subsist from 1st February 2021 to 8th February 2022. She was terminated on 8th September 2021 without a hearing and without being informed of the reasons for her termination.

Issues

• Whether the Respondent had a justifiable reason to terminate the Appellant's employment
• Whether the dismissal of the Appellant was in line with the requirements of a fair process
• Whether the remedies sought by the Appellant lie in law

Reasoning

The Court emphasized that the Employment Act requires employers to provide justifiable reasons for terminating an employee's contract and to prove that the reasons are valid, fair, and related to the employee's conduct, capacity, or compatibility.

Outcome

The Appellant's appeal was successful, and the Court ordered the Respondent to pay Kshs 110,000 in compensation.

Orders

• Payment of Kshs 110,000 to the Appellant

Remedies

• Payment of Kshs 110,000 to the Appellant

Authorities cited