Wanyoike & another v Mentor Sacco Society Limited (Employment and Labour Relations Cause E002 & E003 of 2023 (Consolidated)) [2023] KEELRC 3353 (KLR) (19 December 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3353
- Citation
- [2023] KEELRC 3353 (KLR)
- Decided
- 19 December 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureAppeal from the original trialCoramON MAKAU
Holding
The claimants' employment was terminated for valid and fair reasons.
Facts
The claimants were dismissed by the respondent for absconding duty from June 2021 to October 2022. They were paid by the respondent during this period, and there are NHIF contributions from both employers.
Issues
- Whether dismissal was grounded on valid and fair reason.
- Whether fair procedure was followed.
- Whether the claimants are entitled to any remedy.
- Whether the counterclaim is merited.
Reasoning
The respondent provided evidence of the claimants' employment with other companies and NHIF contributions, which supported the termination. Fair procedure was followed.
Outcome
Affirmed
Remedies
- A declaration that the letter of termination is null, void and of no effect.
- An order for the reinstatement of the claimant to the employment of the Respondent.
- An order for the re-engagement of the claimant to the employment of the Respondent in work comparable to that in which the claimant was employed prior to her termination.
- An order for the payment of statutory entitlements or terminal benefits under the law.
- An order for the payment of actual pecuniary loss suffered as a result of termination from the date of termination, to the date of payment.
- An order for the payment of general damages for violation of her constitutional rights.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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