[2025] KEELRC 1369 (KLR)

[2025] KEELRC 1369 (KLR)

The court found that, except for the unauthorized issuance of 1,000 litres of diesel after drilling works had ended, the respondent failed to substantiate the other allegations against the claimant. The disciplinary process was found to be procedurally unfair due to insufficient time and lack of access to documents...

Source-derived case information.

Citation
[2025] KEELRC 1369 (KLR)
Parties
Applicant: Nicholas Mathenge Gitau; Respondent: Timaflor Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Meru
Jurisdiction
Kenya
Judgment Date
9 May 2025
Case Number
Cause 5 of 2024
Procedural Posture
Employment Cause / Judgment
Outcome
Judgment for the claimant in part; counterclaim allowed in part; net monetary award to claimant; each party to bear own costs.
Judges
ON Makau
Legal Topics
Unfair Termination, Disciplinary Procedure, Summary Dismissal, Employee Misconduct, Counterclaim, Remedies
Source Language
english
Employment and Labour Unfair Termination Disciplinary Procedure Summary Dismissal Employee Misconduct Counterclaim Remedies

Source-derived case record

Summary, issues, holding and outcome

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Parties

Nicholas Mathenge Gitau

Applicant

Timaflor Limited

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Whether the dismissal of the claimant was unfair and unlawful.
  2. 2 Whether the claimant is entitled to the reliefs sought.
  3. 3 Whether the respondent’s counterclaim is merited.

Ratio Decidendi

The court found that, except for the unauthorized issuance of 1,000 litres of diesel after drilling works had ended, the respondent failed to substantiate the other allegations against the claimant. The disciplinary process was found to be procedurally unfair due to insufficient time and lack of access to documents and the stores for the claimant to prepare his defence. The employer's failure to provide adequate opportunity and documentation rendered the dismissal unfair and unlawful under section 45 of the Employment Act. The claimant was entitled to compensation for unfair termination, notice pay, and accrued leave, but not severance or discrimination damages. The respondent's...

Court Disposition

Judgment for the claimant in part; counterclaim allowed in part; net monetary award to claimant; each party to bear own costs.

Orders

  • Declaration that the claimant's dismissal was unfair and unlawful.
  • Respondent to pay the claimant Kshs.920,555.55 less Kshs.770,777, totaling Kshs.149,778.55.