Obwanda v Consultancy (Employment and Labour Relations Cause 281 of 2021) [2023] KEMC 310 (KLR) (8 August 2023) (Judgment)

Facts

Claimant Alice Achieng Obwanda was employed by Respondent Nalis Consultancy as an administrator officer. She was paid a basic salary of Kshs 33,000 but without house allowance. She was dismissed on 28th May 2020 without notice or salary in lieu. She claimed underpayment, breach of contract, and compensation.

Issues

1. Was the dismissal of the claimant unfair?
2. Did the claimant receive proper notice and salary in lieu?
3. Was the claimant entitled to housing accommodation and salary in April and May?

Reasoning

The court held that the employer failed to justify the reasons for termination and that the claimant was not served with proper notice or salary in lieu. The claimant was also entitled to unpaid salary and housing accommodation.

Outcome

The respondent is ordered to pay the claimant Kshs 1,722,350 in total.

Authorities cited