Simokaitis & another v Chula (Appeal E118 of 2025) [2025] KEELRC 2969 (KLR) (30 October 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2969
- Citation
- [2025] KEELRC 2969 (KLR)
- Decided
- 30 October 2025
Summary at a glance
TypeAppealPostureAppeal from the judgment of Hon. Noelyne ReubenCoramM. MBARŨ
The termination of employment was unfair and the respondent is entitled to compensation and notice pay
Facts
The appellants, Bill Simokaitis and Carla Simokaitis, were directors of BCL Health Care Support (BCL Medical Unit). The respondent, Jonathan Kenga Chula, claimed he was employed as a manager and was dismissed for falsifying a VCT certificate. He claimed house allowance and compensation.
Issues
- whether the termination of employment was fair and just
- the award of compensation and notice pay
Reasoning
The court found that the termination was unfair due to the lack of due process and the respondent's gross misconduct, but awarded no compensation as the conduct was not justifiable.
Outcome
Appeal allowed, compensation zero, notice pay Ksh. 44,500, pay for 7 days in March 2017, Ksh. 10,383.30, no costs awarded
Orders
- termination of employment was unfair
- compensation zero
- notice pay Ksh. 44,500
- pay for 7 days in March 2017, Ksh. 10,383.30
- no costs awarded
Remedies
- compensation zero
- notice pay Ksh. 44,500
- pay for 7 days in March 2017, Ksh. 10,383.30
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…