Njioka v Magadi Soda Company Limited (Cause 664 of 2010) [2011] KEIC 2 (KLR) (Civ) (29 June 2011) (Award)
- Court
- Industrial Court
- Case number
- 2
- Citation
- [2011] KEIC 2 (KLR)
- Decided
- 29 June 2011
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureClaimant's appeal from the termination of employmentCoramPAUL K. KOSGEI, S.LUYALI, M. MULUPI
Holding
The termination was unfair and unlawful, and the claimant is entitled to twelve months salary as compensation for unlawful termination.
Facts
Claimant was employed by the respondent as a Human Resource Manager from October 2004. She was terminated unfairly on February 2, 2010, four and a half years before her retirement.
Issues
- Wrongful/unfair termination of employment
- Breach of trust and confidence by the employer
- Non-payment of terminal benefits
Reasoning
The termination was motivated by gender and ethnic bias, and the claimant was not given a fair chance to defend herself. The court awards twelve months salary as compensation.
Outcome
Claimant wins
Orders
- The respondent is directed to pay the claimant Kshs 4,830,576.00 as compensation for unlawful termination of her employment
Remedies
- Compensation for unlawful termination of employment
Authorities cited
Legislation (2)
- Employment Act 2007
- ILO Convention No 158
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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