Kilimall International Limited secured our services after a Court without jurisdiction to address certain employment disputes awarded the Claimant KES. 2,625,000 in Mavoko CMCC ELRC No. 16 of 2020. We challenged the legality of the judicial decision; however, in the interest of justice and flexible labour courts practices, the Claimant was allowed to file a fresh case, in this case (Nairobi ELRCC No. 663 of 2022).
The Claimant raised various grounds touching on unfair and unlawful termination, failure to pay terminal benefits and accrued dues, discrimination on grounds of gender, and sexual harassment and victimization; however, the Employment Court agreed with our submission that the termination was properly conducted after the Claimant had raised malicious accusation against her colleague, and that she was only entitled to KES. 150,000 (in lieu of notice).
Highlight: an employer’s success is based on how diligently the employer follows procedures that are aligned with the labour laws in place. Employers are encouraged to establish fair and proper disciplinary procedures and also follow those procedures.