Kinyanjui v One Software (EA) Ltd (Cause 2288 of 2017) [2023] KEELRC 934 (KLR) (20 April 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 934
- Citation
- [2023] KEELRC 934 (KLR)
- Decided
- 20 April 2023
Summary at a glance
TypeEmployment DisputePostureAppeal from an original trial decisionCoramAN MWAURE
The court finds the termination was lawful but procedurally unfair due to the lack of a disciplinary hearing and the failure to follow the mandatory disciplinary process provided in the Employment Act.
Facts
The claimant, James Mwendu Kinyanjui, was employed by One Software (EA) Ltd as a software developer. He was terminated on 3rd April 2017, but later informed that his termination had been rescinded. He claims the termination was wrongful and seeks damages.
Issues
- Whether the termination was lawful and fair
- Procedural fairness in the termination process
Reasoning
The court found that the employer had a valid reason to terminate the claimant's employment due to poor performance and attitude, but failed to follow the mandatory disciplinary procedure as outlined in the Employment Act.
Outcome
The court declared the termination unlawful and unfair.
Orders
- The termination is declared unlawful and unfair
Remedies
- Damages for Kshs 1,016,666/-
Authorities cited
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