Gatahi v Simba Fresh Produce Limited (Cause E482 of 2020) [2024] KEELRC 772 (KLR) (20 March 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 772
- Citation
- [2024] KEELRC 772 (KLR)
- Decided
- 20 March 2024
The Court found that the Respondent did not provide specific measurable targets for the Claimant's performance and did not evaluate her against any set targets. The Court held that the termination was unfair.
Facts
Claimant Maria Angeline Wanjiru Gatahi was dismissed by Respondent Simba Fresh Produce Limited on grounds of non-performance. She sought compensation for three months' salary, unlawful deductions, and damages for unlawful termination.
Issues
- Whether the Respondent has proved a justifiable reason to terminate the employment of the Claimant
- Whether the Claimant was afforded procedural fairness prior to termination
- Whether the Claimant is entitled to the reliefs sought
Reasoning
The Court determined that the Respondent failed to prove a justifiable reason for terminating the Claimant's employment and did not provide procedural fairness. The Court also found that the Claimant was not evaluated against any set targets.
Outcome
The Court found the termination to be unfair and ordered the Respondent to pay the Claimant three months' salary, unlawful deductions, and damages for unlawful termination.
Orders
- The Claimant shall be entitled to a Certificate of Service in line with Section 51(1) of the Act
Remedies
- Three months' salary in lieu of notice
- Unlawful deductions
- Damages for unlawful termination
Authorities cited
Legislation (2)
- Employment Act (Act)
- Civil Procedure Act (Chapter 21 of the Laws of Kenya)
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