[2020] KEELRC 695 (KLR)

[2020] KEELRC 695 (KLR)

The court found that the Respondent failed to prove a valid reason for terminating the Claimant’s employment and did not observe the mandatory procedural fairness requirements under the Employment Act. The Claimant was not given an opportunity to respond to the allegations against him, and no evidence of...

Source-derived case information.

Citation
[2020] KEELRC 695 (KLR)
Parties
Claimant: Joseph Mwangondi Mwaore; Respondent: T.S.S. Grain Millers Ltd
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Mombasa
Jurisdiction
Kenya
Case Number
Cause 375 of 2015
Procedural Posture
Employment Cause / Judgment
Outcome
Judgment for the Claimant.
Judges
L Ndolo
Legal Topics
Unfair Termination, Summary Dismissal, Procedural Fairness, Compensation for Dismissal
Source Language
en
Employment and Labour Unfair Termination Summary Dismissal Procedural Fairness Compensation for Dismissal

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Parties

Joseph Mwangondi Mwaore

Claimant

T.S.S. Grain Millers Ltd

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Whether the termination of the Claimant’s employment was lawful and fair.
  2. 2 Whether the Claimant is entitled to the remedies sought.

Ratio Decidendi

The court found that the Respondent failed to prove a valid reason for terminating the Claimant’s employment and did not observe the mandatory procedural fairness requirements under the Employment Act. The Claimant was not given an opportunity to respond to the allegations against him, and no evidence of investigations or involvement in investigations was provided. As a result, the termination was both substantively and procedurally unfair. The court awarded the Claimant compensation equivalent to four months’ salary, one month’s salary in lieu of notice, and leave pay for one year, but disallowed punitive damages due to lack of basis.

Court Disposition

Judgment for the Claimant.

Orders

  • The Claimant is awarded 4 months’ salary in compensation (Kshs. 66,108).
  • The Claimant is awarded 1 month’s salary in lieu of notice (Kshs. 16,527).