[2019] KEELRC 288 (KLR)

[2019] KEELRC 288 (KLR)

The court found that the Claimant's dismissal was procedurally and substantively unfair. The Respondent failed to provide sufficient time and information for the Claimant to prepare a defense, did not follow due process as required by the Employment Act, and acted in a manner that was callous and contrary to the...

Source-derived case information.

Citation
[2019] KEELRC 288 (KLR)
Parties
Claimant: Julius Macharia Mwangi; Respondent: Matanga Investments Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nyeri
Jurisdiction
Kenya
Case Number
Cause 231 of 2015
Procedural Posture
Employment Cause / Judgment
Outcome
judgment_for_claimant
Judges
AN Makau
Legal Topics
Unfair Termination, Disciplinary Procedure, Employee Compensation, Summary Dismissal, Natural Justice, Employment Contracts
Source Language
en
Employment and Labour Unfair Termination Disciplinary Procedure Employee Compensation Summary Dismissal Natural Justice Employment Contracts

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Summary, issues, holding and outcome

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Parties

Julius Macharia Mwangi

Claimant

Matanga Investments Limited

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Whether the suspension and subsequent termination of the Claimant was unfair and unlawful.
  2. 2 Whether the Claimant is entitled to damages for unfair/unlawful termination.
  3. 3 Whether the Claimant is entitled to special damages and whether his constitutional rights were breached.

Ratio Decidendi

The court found that the Claimant's dismissal was procedurally and substantively unfair. The Respondent failed to provide sufficient time and information for the Claimant to prepare a defense, did not follow due process as required by the Employment Act, and acted in a manner that was callous and contrary to the rules of natural justice. The allegations of poor performance and misconduct were not substantiated with credible evidence, and the Respondent, as the keeper of employment records, failed to prove its counterclaim of fraud or misappropriation. The court held that the Claimant was entitled to pay in lieu of leave, salary for days worked, and maximum compensation for unlawful...

Court Disposition

judgment_for_claimant

Orders

  • The Claimant is awarded Kshs. 417,450 as pay in lieu of leave days not taken.
  • The Claimant is awarded Kshs. 92,604 as salary for 15 days worked in December 2015.