Ragen v Boehringer Ingelheim Kenya Scientific Office (Cause E543 of 2023) [2024] KEELRC 13493 (KLR) (20 December 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 13493
- Citation
- [2024] KEELRC 13493 (KLR)
- Decided
- 20 December 2024
Summary at a glance
Facts
The Claimant, Nicholas Ong’or Ragen, was employed as a medical representative by the Respondent, Boehringer Ingelheim Kenya Scientific Office. He was terminated on December 2, 2022, for unsatisfactory performance. The Claimant alleged that the termination was unfair due to the Respondent's failure to address pricing issues beyond his control.
Issues
- Whether the Respondent had a justifiable cause to terminate the Claimant's employment
- Whether the Claimant's termination was in accordance with fair procedure
- Whether the Claimant is entitled to the reliefs sought
Reasoning
The court determined that the Respondent's business decision on pricing its medical products did not interfere with the Claimant's responsibility of marketing and selling its products. The court also found that the Respondent's Product Manager's promotion led to the abandonment of the price reduction process.
Outcome
The court declared that the Claimant is entitled to compensatory damages in the sum of Kshs 308,759.30.
Orders
- The Claimant shall have the costs of the suit.
Authorities cited
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