Mugao v Britam General Insurance Company Limited (Employment and Labour Relations Cause E181 of 2021) [2025] KEELRC 2595 (KLR) (25 September 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2595
- Citation
- [2025] KEELRC 2595 (KLR)
- Decided
- 25 September 2025
Summary at a glance
TypeEmployment and Labour RelationsPostureRespondent appealed the decisionCoramMN NDUMA
The court found that the Respondent did not follow a fair procedure in conducting the PIP and that the termination was not justified.
Facts
Claimant was employed by Respondent as County Sales Manager from 8/1/2013. He was terminated on unspecified grounds. Claimant alleged wrongful termination and sought compensation.
Issues
- Whether the Respondent followed a fair procedure in conducting a Performance Improvement Plan (PIP) against the Claimant.
- Whether the Respondent had a valid reason to terminate the employment of the Claimant.
Reasoning
The court found that the PIP was conducted retrospectively and that the Claimant had already met 3 out of 4 set deliverables. The court also found that the Respondent's explanation for not accelerating the PIP assessment was false and without credibility.
Outcome
Claimant's appeal upheld
Remedies
- A declaration that there was a breach of contract and wrongful termination
- House allowance of Kshs. 35,600,000.00
- 12 months' salary as general damages
- Interest on damages at court rate
- Costs of the suit
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