SOMAK TRAVELS LTD V. GLADYS AGANYO

RULING OF THE COURT

The applicant had employed the respondent herein as a customer service officer. On 31^st March 2012, it terminated her employment. Aggrieved with her termination, the respondent filed a claim before the Employment and Labour Relations Court alleging that it was unfair because the respondent had offered no reason for her termination. The respondent sought various reliefs, among them compensation for unlawful termination, pay in lieu of notice, severance pay and amounts due to her arising out of deductions on her medical cover. The applicant opposed the claim, and in its defence, the applicant admitted having employed the claimant as described in the claim, but denied that it terminated her unfairly. It alleged that it had experienced a down turn in business and as a result, it had no longer been tenable to keep the respondent in employment. The applicant’s position was that it followed the law and the contract terms between itself and the respondent, that it offered t…