Wilson v Imarisha Mabati Limited (Appeal E023 of 2021) [2023] KEELRC 573 (KLR) (9 March 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 573
- Citation
- [2023] KEELRC 573 (KLR)
- Decided
- 9 March 2023
The Appellant was not on probationary contract and was entitled to procedural fairness and substantive reasons for termination. The Trial Court's award of two months' salary in compensation for unfair termination is upheld.
Facts
Mary Kavindu Wilson was employed by Imarisha Mabati Limited on 14th May, 2018, and placed on a six-month probation. She proceeded on maternity leave on 18th February, 2019, and resumed duty on 15th May, 2019. The Respondent terminated her services on 29th March, 2019, citing poor performance.
Issues
- Whether the Appellant was on probationary contract
- Whether the Appellant was unfairly terminated
- Whether the Appellant was discriminated against
- Whether the Trial Court erred in awarding compensation
Reasoning
The Appellant was not on probationary contract and was entitled to procedural fairness and substantive reasons for termination. The Trial Court's award of two months' salary in compensation for unfair termination is upheld.
Outcome
Appeal dismissed
Authorities cited
Legislation (3)
- Employment Act
- Section 42
- Section 45
Cases cited (4)
- Abok James Odera t/a A.J Odera & Associates v John Patrick Machira t/a Machira & Co. Advocates
- Alphonce Maghanga Mwachanya v Operation 680 Limited
- Kenya Ports Authority v Festus Kipkorir Kiprotich
- Kenfreight (E.A.) Limited v Benson K.Nguti
Loading judgment…