[2020] KEELRC 1236 (KLR)

[2020] KEELRC 1236 (KLR)

The court found that the Respondent failed to provide valid reasons for the Claimant's termination and did not accord her a fair hearing as required by Sections 41, 43, and 45 of the Employment Act, 2007. The reasons for termination were not communicated at the time of dismissal, and no disciplinary process was...

Source-derived case information.

Citation
[2020] KEELRC 1236 (KLR)
Parties
Claimant: Sarah Njeri Ngugi; Respondent: First Choice Tours & Travel Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 1759 of 2014
Procedural Posture
Employment Cause / Judgment
Outcome
Claim partly allowed; counter-claim allowed; net award to Claimant after set-off.
Judges
HS Wasilwa
Legal Topics
Unfair Termination, Summary Dismissal, Disciplinary Procedure, Counter Claim, Terminal Benefits
Source Language
en
Employment and Labour Unfair Termination Summary Dismissal Disciplinary Procedure Counter Claim Terminal Benefits

Source-derived case record

Summary, issues, holding and outcome

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Parties

Sarah Njeri Ngugi

Claimant

First Choice Tours & Travel Limited

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Whether there were valid reasons to warrant the Claimant’s termination.
  2. 2 Whether the Claimant was given an opportunity to defend herself before being terminated.
  3. 3 Whether the Respondent’s counter-claim is proved.

Ratio Decidendi

The court found that the Respondent failed to provide valid reasons for the Claimant's termination and did not accord her a fair hearing as required by Sections 41, 43, and 45 of the Employment Act, 2007. The reasons for termination were not communicated at the time of dismissal, and no disciplinary process was followed. This rendered the termination unfair and unjustified. However, the Claimant did not respond to the Respondent's counter-claim, which was therefore uncontroverted and allowed as prayed. The court awarded the Claimant salary in lieu of notice, accrued leave, pay for days worked, and compensation for unfair termination, less the amounts awarded to the Respondent on the...

Court Disposition

Claim partly allowed; counter-claim allowed; net award to Claimant after set-off.

Orders

  • Respondent to pay Claimant KES 793,647.61 less statutory deductions.
  • Respondent to pay costs and interest at court rates from the date of judgment.