Kavila v Beta Healthcare International Limited (Employment and Labour Relations Cause 1632 of 2017) [2023] KEELRC 498 (KLR) (28 February 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 498
- Citation
- [2023] KEELRC 498 (KLR)
- Decided
- 28 February 2023
Summary at a glance
TypeEmployment and Labour RelationsPostureRespondent appealed the decisionCoramJames Rika
Termination was fair, except on EDT, which does not warrant compensation for unfair termination.
Facts
Claimant was employed by Respondent from July 21, 2014 to May 12, 2017. He was suspended indefinitely without reason on September 21, 2016 and later terminated. He requested documents to respond to the letter to show cause, but was not provided with all requested documents.
Issues
- Fair termination of employment
- Compensation for salary and leave
- House allowance in arrears
- Interest on compensation
Reasoning
The Court found that termination was fair, except on EDT, and awarded salary for the period December 6, 2016 to May 10, 2017, terminal benefits, and interest.
Outcome
Claimant partially successful
Orders
- Salary for 25 days in December 2016 at Kshs 132,500
- Salary for January to April 2017 at Kshs 551,200
- Salary for 10 days in May 2017 at Kshs 53,000
- Terminal benefits tabulated to December 5, 2016 at Kshs 366,256
- No order on costs
- Interest allowed at court rate, from the date of Judgment till payment in full
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