Waithera v Haltons Pharmacy Limited (Cause 1960 of 2017) [2024] KEELRC 874 (KLR) (8 April 2024) (Judgment)

Summary at a glance

Facts

Claimant Tabitha Waithera was employed by Respondent Haltons Pharmacy Limited as Chief Finance Officer from 2016 to 2017. She was terminated on May 12, 2017, on the grounds of redundancy. The termination was not justified, and the Claimant alleged wrongful termination.

Issues

• Whether termination of the Claimant’s employment on account of redundancy was unfair.
• Whether the Claimant is entitled to the reliefs sought.

Reasoning

The court determined that the Respondent did not comply with the statutory requirements for redundancy, including providing a written notice, selecting criteria, and conducting consultations. The court also found that the Respondent did not provide verifiable evidence of the reasons for the redundancy.

Outcome

The court found in favor of the Claimant, ordering specific damages, two months' salary in lieu of notice, unpaid salary, leave days, severance pay, and other reliefs.

Orders

• Specific damages for unlawful, wrongful and unfair termination
• Two months' salary in lieu of notice
• Unpaid salary for April, May, June, and 1⁄2 of July
• Unpaid 14 leave days
• Severance pay
• Unpaid salary increment

Remedies

• Compensation for unlawful, wrongful and unfair termination
• Two month’s salary in lieu of notice
• Unpaid salary for April, May, June, and 1⁄2 of July
• Unpaid 14 leave days
• Severance pay
• Unpaid salary increment

Authorities cited