Chic Fashions Limited v Maundu (Employment and Labour Relations Appeal E136 of 2022) [2024] KEELRC 1043 (KLR) (25 April 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1043
- Citation
- [2024] KEELRC 1043 (KLR)
- Decided
- 25 April 2024
Summary at a glance
TypeEmployment and Labour Relations AppealPostureAppeal from a judgment declaring wrongful and unfair termination of employmentCoramMN NDUMA
The court found the termination unlawful and unfair, and awarded compensation and interest.
Facts
Chic Fashions Limited terminated the employment of Maundu on July 3, 2020, without providing a letter of termination or a disciplinary hearing. Maundu claimed he was a casual employee, while the company argued he was a permanent employee.
Issues
- Whether the termination was lawful and fair
- Whether the deeming of Maundu as a monthly paid employee was a misdirection of law and fact
- What remedy should be provided to the company
Reasoning
The court considered the evidence and found that Maundu was a casual employee, not a permanent one, leading to the wrongful termination.
Outcome
Affirmed the judgment of the trial court
Remedies
- Compensation of Kshs.14,700.00 in lieu of notice
- Compensation of Kshs.176,400.00 for twelve months' salary
- Interest at court rates from the date of judgment till payment in full
- Costs
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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