Maigua v Premier [Kenya] Limited (Cause 1299 of 2016) [2023] KEELRC 3082 (KLR) (30 November 2023) (Judgment)

Summary at a glance

Facts

The Claimant was employed as a Loans Officer by the Respondent on January 13, 2015, with a monthly salary of Kshs. 40,000. He was confirmed as a permanent and pensionable employee on October 1, 2015, with a salary raised to Kshs. 42,426. The Respondent terminated his contract on March 23, 2016, citing absences, non-achievement of monthly targets, and poor relationships with other staff.

Issues

• Unfair termination
• Notice pay
• Salary for March and April 2016
• Compensation for unfair termination

Reasoning

The Court found that the termination was unfair due to lack of notice and non-compliance with the laid-down procedure. The Claimant had worked for 1 year and 2 months, and the Employment Act requires the Court to consider the length of service and expected length of service in awarding remedies for unfair termination.

Outcome

Claimant wins, granted notice pay, salary for 35 days, and compensation for unfair termination.

Orders

• Notice pay of Kshs. 42,426
• Salary for 35 days at Kshs. 50,584
• Compensation for unfair termination at Kshs. 212,130

Remedies

• Notice pay
• Salary for 35 days
• Compensation for unfair termination

Authorities cited