Gakumbi v Africare Limited (Employment and Labour Relations Cause 180 of 2020) [2024] KEELRC 789 (KLR) (11 April 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 789
- Citation
- [2024] KEELRC 789 (KLR)
- Decided
- 11 April 2024
The termination of employment was unlawful and unfair due to lack of evidence and procedural fairness. The claimant is awarded compensation equivalent to ten (10) months' salary in the sum of Kshs. 3,500,000/=.
Facts
The claimant, Alfred Muriithi Gakumbi, was employed by Africare Limited and was terminated on grounds of propagating a culture of fear and intimidation, lack of support, failure to maintain proper and accurate records, and lack of transparent appraisal system. The claimant alleged mistreatment and unfair termination.
Issues
- Unlawful and unfair termination of employment
- Compensation for unlawful and unfair termination
- Procedural fairness in termination
Reasoning
The court found that the termination was unprocedural and unfair, and that the claimant was mistreated by the chief operating officer. The court awarded compensation for the unlawful and unfair termination.
Outcome
In favour of the claimant
Orders
- Compensation of Kshs. 3,500,000/= in compensation
- Interest at court rates from date of judgment till payment in full
- Costs of the suit
Remedies
- Compensation for unlawful and unfair termination
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (2)
- Winnie Mbete Mutua versus Brackhurst Kenya Limited
- Postal Corporation of Kenya versus Tamin
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