Siwa v Flamingo Horticulture [K] Limited (Cause 37 of 2019) [2024] KEELRC 2159 (KLR) (16 August 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2159
- Citation
- [2024] KEELRC 2159 (KLR)
- Decided
- 16 August 2024
The Court declared that the termination was unfair and unlawful and ordered the Respondent to pay the Claimant compensation for unfair and unlawful termination equivalent to 5 1⁄2 months' salary at Kshs. 3,983,100.
Facts
The Claimant, Joshua Siwa, was employed as a Financial Controller by Flamingo Horticulture [K] Limited. He was subjected to a hostile work environment and psychological trauma due to the actions of his supervisor, Chris Febry. The Claimant resigned and later returned to work, but was reassigned to a different role. He subsequently resigned again and was paid severance and other compensation.
Issues
- Unfair and unlawful termination of employment
- Compensation for unfair and unlawful termination
Reasoning
The Court found that the Respondent's actions created a hostile work environment and psychological trauma for the Claimant, leading to his resignation and subsequent unfair termination.
Outcome
The Respondent was ordered to pay compensation for unfair and unlawful termination.
Orders
- It is declared that termination was unfair and unlawful.
- The Respondent shall pay to the Claimant, compensation for unfair and unlawful termination, equivalent of 5 1⁄2 months' salary at Kshs. 3,983,100.
- Costs to the Claimant.
Remedies
- Compensation for unfair and unlawful termination
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