Kenya Union of Commercial Food & Allied Workers v Jumbo Supermart Ltd (Cause E044 of 2024) [2025] KEELRC 263 (KLR) (5 February 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 263
- Citation
- [2025] KEELRC 263 (KLR)
- Decided
- 5 February 2025
The Court finds that the termination of the grievant's employment was procedurally unfair and substantively unjustified.
Facts
The grievant was employed as a cashier by Jumbo Supermart Ltd, but was later transferred to the Migori Branch and issued with a notice to show cause for refusal to sign a new contract. She was subsequently dismissed on March 14, 2023.
Issues
- Whether the respondent had a valid and fair reason to terminate the grievant's employment.
- Whether the grievant is entitled to the reliefs sought.
Reasoning
The Court holds that the employer failed to provide a fair procedure and substantive justification for the termination, leading to an unfair dismissal.
Outcome
The grievant is entitled to reinstatement or salary in lieu of notice, salary for January and February 2023, 14 days salary for March 2023, 3 years leave, underpayment for 76 months, severance pay for 6 years, 12 months compensation, public holidays worked for 6 years, and a certificate of service.
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