Kibui v Kenya Orient Life Assurance Limited (Cause 422 of 2018) [2024] KEELRC 70 (KLR) (30 January 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 70
- Citation
- [2024] KEELRC 70 (KLR)
- Decided
- 30 January 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair Termination of EmploymentPostureAppeal from a lower court decisionCoramJK GAKERI
Holding
The court held that the Claimant was on a probationary contract and that her dismissal was unfair.
Facts
The Claimant, Lucy Halili Kibui, was employed by Kenya Orient Life Assurance Limited on February 13, 2017, as a Unit Manager under a probationary contract of six months. The employment was terminated during the probation period.
Issues
- Whether the Claimant was serving on a probationary contract when her employment was terminated.
- Whether the Claimant's summary dismissal was unlawful and unfair.
- Whether the Claimant is entitled to the reliefs sought.
Reasoning
The court found that the probationary contract was for a duration of six months, which had not lapsed, and that the dismissal was unfair as the Claimant was not given an opportunity to be heard.
Outcome
The court dismissed the suit with costs.
Remedies
- A declaration that termination of employment by the Respondent was unfair.
- General damages for unfair termination.
- Payment of the Claimant in consideration of earnings she was entitled to by virtue of her employment till retirement age.
- Costs of this suit.
Authorities cited
Legislation (1)
- Employment Act, 2007
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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