Mfundi v Micro and Small Enterprises Authority (Cause E507 of 2020) [2024] KEELRC 1507 (KLR) (14 June 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1507
- Citation
- [2024] KEELRC 1507 (KLR)
- Decided
- 14 June 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from an original trial decisionCoramJ. RIKA
Holding
The Court found the termination to be unfair and unlawful.
Facts
The Claimant was employed by the Respondent as Director of MSE Strategy, Planning and Coordination. He was suspended and later terminated for alleged falsification of academic and professional certificates. He was not given a written notice of termination and his salary for September 2019 to January 2020 was not paid.
Issues
- Unfair termination
- Payment of terminal dues
- Defamation claim
- Compensation for unfair termination
Reasoning
The Court held that the termination was unfair due to the lack of a 3-month notice period, the absence of a disciplinary hearing, and the involvement of the CEO in the Human Resource Committee hearing.
Outcome
Claimant's appeal upheld
Orders
- Application to introduce fresh documents dismissed
- Judgment delivery proceeding as intended
Remedies
- Declaration of unfair termination
- Payment of terminal dues
- Compensation for unfair termination
Authorities cited
Legislation (3)
- Employment Act
- Public Service Commission Act
- Public Service Values and Principles Act
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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