Rotich v Chemartin Tea Company Limited (Cause E023 of 2022) [2025] KEELRC 2718 (KLR) (3 October 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2718
- Citation
- [2025] KEELRC 2718 (KLR)
- Decided
- 3 October 2025
Summary at a glance
TypeEmployment DisputePostureClaimant seeks declaration of unfair termination and payment of terminal dues, Respondent counterclaimsCoramMA ONYANGO
The termination was procedurally fair but substantively unjustified, making it unfair under the Employment Act.
Facts
Claimant was employed as a Manager by Respondent from August 2003 to January 2021. He claims wrongful termination without notice, fair hearing, and payment of terminal dues.
Issues
- Whether the termination was based on a valid reason and fair procedure
- Whether the Claimant is entitled to the reliefs sought
- Whether the Respondent has proved its counterclaim
Reasoning
The Respondent failed to prove valid reasons for termination under Sections 43 and 45 of the Employment Act. The disciplinary hearing was held, but the Claimant did not respond and claimed the hearing was chaotic.
Outcome
The Claimant's employment was declared unfair, and he is entitled to the terminal dues and compensation.
Remedies
- Declaration of unfair termination
- Payment of terminal dues and compensation
Authorities cited
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