Yaa v Willis (Appeal E011 of 2023) [2024] KEELRC 1489 (KLR) (2 February 2024) (Judgment)

Summary at a glance

Facts

The appellant, Winfrida Mali Yaa, claimed underpayment, unpaid days, and non-remitted NSSF and NHIF dues from the respondent, Monica Diane Mary Willis, for her employment as a housekeeper/general labourer from December 2018 to September 2022.

Issues

• Whether the trial court erred in finding that the appellant deserted duty and in dismissing her claim for unfair termination of employment.
• Whether the trial court erred in not considering all remedies sought and in awarding only one aspect of unfair termination of employment.
• Whether the trial court erred in not addressing the issuance of Certificate of Service and in failing to determine costs.

Reasoning

The court found that the trial court erred in finding that the appellant deserted duty and in dismissing her claim for unfair termination of employment. The court also found that the trial court erred in not considering all remedies sought and in awarding only one aspect of unfair termination of employment.

Outcome

Appeal allowed

Orders

• Allow the appeal with costs

Remedies

• Allow the appeal with costs

Authorities cited