The Employment and Labour Relations Court in Nairobi has issued a judgement compelling land selling company,Topcare Lands Investment Limited to pay Ms. Lydia Wanjiku Githinji Sh 800, 000 for wrongful dismissal.
Ms. Wanjiku, had told the court she was employed by oral contract on 3rd January 2022 by Topcare Lands Investment Limited in the position of General Manager, earning a monthly salary of Kshs. 200,000. She claims to have worked until 6th February 2022, when she was suspended indefinitely without pay and without cause.
The plaintiff told the court that her suspension was communicated by a Short Message Service (SMS) text sent by the Chief Executive Officer of Topcare Lands Investment Limited , James Macharia Gichane, through his mobile phone number to the plaintiff’s mobile phone number.
In its Response, Topcare Lands Investment Limited denies offering the Claimant an employment opportunity but states that Ms. Wanjiku was on probation.The Respondent further denies having suspended the Claimant indefinitely without cause.
In her ruling, Justice Linnet Ndolo awarded the plaintiff (Ms. Wanjiku) with a three (3) months’ salary in compensation. In her ruling, the judge said she hadtaken into account the Claimant’s short stint in employment but also the Respondent’s(Topcare) unlawful conduct in ending the employment relationship prematurely.
” I have further considered the Respondent’s failure to issue the Claimant with a formal employment contract and termination letter.I further award the Claimant one (1) month’s salary in lieu of notice.The claims for salaries to time of termination and special damages were not proved and are disallowed,” reads part of the ruling
”Finally, I enter judgment in favour of the Claimant as follows:a.3 months’ salary in compensation………………………….….Kshs. 600,000b.1 month’s salary in lieu of notice………………………………………..200,000Total…………………………………………………………………………………800,000. This amount will attract interest at court rates from the date of judgment until payment in full,” the ruling in possession of this publication reads.
