Juma v Al Gadhir Centre Limited (Cause 158 of 2018) [2026] KEELRC 1176 (KLR) (30 April 2026) (Judgment)
- Court
- Employment and Labour Relations Court
- Case number
- 1176
- Citation
- [2026] KEELRC 1176 (KLR)
- Decided
- 30 April 2026
- Judge
- J Rika
- Parties
- raw · defendants · plaintiffs
Summary at a glance
TypeUnfair DismissalPostureAppeal from a decision of the Employment and Labour Relations CourtCoramJ Rika
The dismissal was unfair and unlawful.
Facts
The Claimant was employed as a locum nurse by the Respondent. She was placed on probation and later confirmed. She was dismissed on the grounds of failing to provide services as directed by the Employer. She claimed unfair dismissal and sought compensation.
Issues
- Whether the dismissal was based on a valid ground under Sections 43 and 45 of the Employment Act.
- Whether the dismissal was unfair on account of procedure and substantive justification.
Reasoning
The Court found that the dismissal was not based on a valid ground under Sections 43 and 45 of the Employment Act and was unfair on account of procedure and substantive justification.
Outcome
The Respondent is declared to have unfairly dismissed the Claimant.
Orders
- Equivalent of 2 months' salary in compensation for unfair termination, at Kshs. 60,000.
- Costs and interest at court rate from the date of Judgment till payment is made in full, granted to the Claimant.
Authorities cited
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