Onchiri v Kenya Achievas Sacco Ltd (Appeal E013 of 2023) [2024] KEELRC 690 (KLR) (19 March 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 690
- Citation
- [2024] KEELRC 690 (KLR)
- Decided
- 19 March 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the Kisii CMELRCCoramCN BAARI
Holding
The Appellant is awarded terminal benefits and 12 months' salary as compensation for unfair termination. The claim for salary in lieu of notice is declined.
Facts
The Appellant, Everlyne Onchiri, was terminated by Kenya Achievas Sacco Ltd on July 27, 2020. She sought reinstatement, salary in lieu of notice, severance pay, and other benefits.
Issues
- Payment of salary in lieu of notice
- Payment of terminal benefits
- Compensation for unfair termination
Reasoning
The Appellant was not paid salary in lieu of notice as notice was issued and she served for the period of the notice. Terminal benefits were not paid due to the Appellant's failure to sign the computation form, despite receiving the benefits.
Outcome
Appeal upheld
Orders
- Award of terminal benefits
- Decline of claim for salary in lieu of notice
- Uphold of 12 months' salary as compensation for unfair termination
- Award of costs before the lower court
- Respondent to bear the cost of this appeal
Remedies
- Terminal benefits
- 12 months' salary as compensation for unfair termination
- Costs before the lower court
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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