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STANDARD GROUP LIMITED V. JENNY LUESBY

(2018) JELR 95350 (CA)

Court of Appeal  •  Civil Appeal 291 of 2014  •  3 Aug 2018  •  Kenya

Coram
Philip Nyamu Waki, Daniel Kiio Musinga, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

1. Under what circumstances may an employer summarily dismiss an employee? What procedure is to be followed in such event? What damages are payable to an employee who is wrongly dismissed summarily? These and other questions fall for our determination in this appeal. The appeal arises from the decision of the Employment and Labour Relations Court (ELRC) (Monica Mbaru, J.) in which the learned Judge found that the appellant had summarily dismissed the respondent herein in an 'unlawful, unprocedural and unjustified manner' and awarded her monetary compensation in excess of Ksh. 20 million, under various heads.

2. The respondent was employed by the appellant as its Group Content and Training editor on a two-year contract commencing on 12th November, 2012 at the initial monthly gross salary of Kshs.600,000, amongst other benefits. Within six months she had worked so well that she was promoted to 'Group Consulting Editor' on 1st May, 2013, with an additional Ksh.150,000…

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