Macharia v Chaju Builders Limited (Cause E089 of 2021) [2023] KEELRC 646 (KLR) (9 March 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 646
- Citation
- [2023] KEELRC 646 (KLR)
- Decided
- 9 March 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair Termination CasePostureAppeal from an original trialCoramCN BAARI
Holding
The claimant's termination was found to be unfair.
Facts
The claimant, Anthony Mbugua Macharia, was employed by the respondent, Chaju Builders Limited, as a Project Manager. He was asked to hand over his duties to Mr. Abuya without any reasons, and was subsequently told that his employment had been terminated.
Issues
- Whether the claimant was unfairly terminated.
- Whether the claimant is entitled to the reliefs sought.
- Whether the respondent is entitled to the reliefs under the counterclaim.
Reasoning
The court found that the employer failed to adhere to the twin tenets of procedural fairness and substantive justification for termination.
Outcome
The claimant was awarded compensation for the unfair termination, salary for the month of October, and one month's salary in lieu of termination notice.
Orders
- The claimant's termination is unfair.
- The respondent to pay the claimant four months' salary as compensation for the unfair termination at Kshs. 660,000/-.
- The claimant be paid one month's salary in lieu of termination notice at Kshs. 165,000/-.
- The claimant is awarded salary for the month of October, 2021 at Kshs. 165,000/-.
- The claimant clears with the respondent within 14 days of this judgment and hands-over any property in his possession belonging to the respondent.
- The respondent’s Counterclaim is dismissed with costs to the claimant.
- The respondent shall bear the costs of the suit.
Remedies
- Compensation for the unfair termination.
- Salary for the month of October.
- One month's salary in lieu of termination notice.
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (1)
- Anthony Mkala Chitavi v. Malindi Water & Sewerage Company Ltd [2013] eKLR
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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