Registered Trustees of Jesse Kay Children’s Hospital v Njagi (Appeal E237 of 2023) [2025] KEELRC 670 (KLR) (28 February 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 670
- Citation
- [2025] KEELRC 670 (KLR)
- Decided
- 28 February 2025
The court agrees with the trial court that the Respondent was terminated on account of redundancy, finding that the reason for termination was valid and that the Respondent was given a right to be heard under section 41 of the Employment Act.
Facts
The Registered Trustees of Jesse Kay Children’s Hospital filed a claim against Joan Lilley Wanjiru Njagi for unfair termination, unlawful termination, and other related claims. The Respondent claimed redundancy and argued that she was terminated due to lack of funds.
Issues
- Whether the trial magistrate erred in finding that the Respondent was unlawfully terminated.
- Whether the trial court erred in finding that the Respondent was not discriminated on account of pregnancy and subjected to poor working conditions.
- Whether the trial court erred in awarding the reliefs awarded to the Respondent.
Reasoning
The court re-evaluated the evidence and found that the Respondent was terminated on account of redundancy, as per the definition provided in section 2 of the Employment Act. The court also noted that the Respondent was not discriminated against and was given the right to be heard.
Outcome
The appeal is dismissed.
Orders
- A declaration is hereby issued that the Claimant’s termination of employment by the Respondent was in violation of section 40 of the Employment Act and therefore unfair.
- The Claimant is awarded one month pay in lieu of notice at Kshs 50,003.
- The Claimant is awarded five months compensation for unlawful termination at Kshs 250,005.
- The Claimant is awarded salary deducted for the months of June, 2020 to October, 2020 at Kshs 101,215.
- The Claimant is awarded house allowance at Kshs 247,514.
- The Claimant is awarded a certificate of service.
- The Claimant is awarded severance pay at Kshs 50,003.
- The Claimant is awarded 8 days salary for November, 2020 at Kshs 13,335.
- The prayer for general damages are dismissed.
- The prayer seeking to make the Respondent to pay all statutory deductions to relevant authorities is dismissed.
- The Claimant is awarded the costs of the suit at court rates.
Authorities cited
Legislation (2)
- Employment Act
- Employment and Labour Relations Court Act
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