Mbugua v New Muthokinju Hardware Ltd (Cause E197 of 2023) [2025] KEELRC 748 (KLR) (13 March 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 748
- Citation
- [2025] KEELRC 748 (KLR)
- Decided
- 13 March 2025
The Claimant was still under a probationary contract at the time of her termination. The termination was unfair.
Facts
The Claimant, Martha Njeri Mbugua, was employed by New Muthokinju Hardware Ltd as a Retail Manager on June 1, 2022. She resigned her previous job to join the Respondent. She was served with a 'unsuccessful Probation' letter on December 19, 2022, and her employment was terminated on December 20, 2022.
Issues
- Whether the Claimant was still under a probationary contract at termination
- Whether she was unfairly terminated
- Whether she deserves the remedies sought
Reasoning
The court found that the Claimant started her probationary contract on June 15, 2022, and thus was still under probation when her employment was terminated. The court held that the termination was unfair due to the lack of procedural fairness and the short notice given.
Outcome
The Claimant's claim for one month's pay in lieu of notice, prorate leave, payment for public holidays worked, 12 months' pay as compensation for unlawful termination, and costs of the suit was upheld.
Orders
- The Respondent is ordered to pay the Claimant one month's pay in lieu of notice, prorate leave, payment for public holidays worked, and 12 months' pay as compensation for unlawful termination.
Remedies
- One month's pay in lieu of notice
- Prorate leave
- Payment for public holidays worked
- 12 months' pay as compensation for unlawful termination
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (2)
- Monica Munira & 6 Others v. Mount Kenya University (2021) eKLR
- Evans Kiage Onchwari V Hotel Ambassadeur Nairobi (2016) eKLR
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