MICHAEL KIBOI GATUMIA v MASTERMIND TOBACCO (K) LIMITED [2012] KEHC 63 (KLR)
- Court
- High Court of Kenya
- Case number
- 63
- Citation
- [2012] KEHC 63 (KLR)
- Decided
- 16 October 2012
The court finds the termination of claimant's employment was wrongful and unfair. The claimant is entitled to one month salary in lieu of notice and nine months salary as compensation for unlawful loss of employment.
Facts
Claimant Michael Kiboi Gatumia was an employee of Mastermind Tobacco (K) Limited from 1994 to 2009. He was last employed as Manufacturing Manager and received a salary of Kshs. 203,300.00. He was deployed to Sudan for treatment and later moved to Nairobi for further treatment. His employment was terminated on medical grounds on 8th June 2009.
Issues
- Wrongful and unfair termination
- Reinstatement
- Salary in lieu of notice
- Damages for unlawful termination
Reasoning
The court notes the claimant's long service and the circumstances of his illness, but finds the termination was not justified as the employer did not follow the required procedures for termination.
Outcome
Claimant wins
Orders
- One month salary in lieu of notice at Kshs. 203,300.00
- Nine months salary as compensation for unlawful loss of employment amounting to Kshs. 1,829,700.00
- Total Kshs. 3,862,700.00
- Costs of the suit
Remedies
- One month salary in lieu of notice
- Nine months salary as compensation for unlawful loss of employment
Authorities cited
Legislation (1)
- Employment Act
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