Masinga v Tata Africa Holdings Ltd (Cause 412 of 2016) [2023] KEELRC 93 (KLR) (19 January 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 93
- Citation
- [2023] KEELRC 93 (KLR)
- Decided
- 19 January 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair and Unlawful Termination of EmploymentPostureClaimant vs RespondentCoramAN MWAURE
Holding
The court found that the termination of the claimant’s employment was not substantially and procedurally fair.
Facts
Claimant Judith Nthambi Masinga was employed by Respondent Tata Africa Holdings Ltd as a professional service representative from January 3, 2012, with a salary of Ksh 55,000 per month. The employment was terminated on January 11, 2016, without notice or just cause.
Issues
- Whether the termination of the claimant’s employment was substantially and procedurally fair
- The remedies, if any, the claimant is entitled to
Reasoning
The court noted that the termination was based on the claimant’s alleged misconduct regarding mileage claims, but there was no evidence of further misconduct following a previous warning letter.
Outcome
The claimant is entitled to 3 months' salary in lieu of notice, service pays, and severance pays.
Remedies
- 3 months' salary in lieu of notice
- Service pays
- Severance pays
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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