[2012] KEELRC 259 (KLR)

[2012] KEELRC 259 (KLR)

The court found that the Respondent unfairly terminated the Claimant's employment. The Respondent elected to have the allegations against the Claimant investigated by the state through criminal proceedings, thereby precluding internal disciplinary proceedings until the outcome of the criminal case. The Claimant was...

Source-derived case information.

Citation
[2012] KEELRC 259 (KLR)
Parties
Claimant: Patrick Njuguna Kariuki; Respondent: Del Monte (K) Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Judgment Date
26 October 2012
Case Number
Cause 953 of 2011
Procedural Posture
Employment Cause / Judgment
Outcome
judgment for the claimant
Legal Topics
Unfair Termination, Summary Dismissal, Disciplinary Procedure, Reinstatement, Exemplary Damages, Procedural Fairness
Source Language
english
Employment and Labour Unfair Termination Summary Dismissal Disciplinary Procedure Reinstatement Exemplary Damages Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Patrick Njuguna Kariuki

Claimant

Del Monte (K) Limited

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Whether the termination of the Claimant's employment was unfair and not procedural.
  2. 2 Whether the Claimant is entitled to the remedies as prayed for in the statement of claim.

Ratio Decidendi

The court found that the Respondent unfairly terminated the Claimant's employment. The Respondent elected to have the allegations against the Claimant investigated by the state through criminal proceedings, thereby precluding internal disciplinary proceedings until the outcome of the criminal case. The Claimant was acquitted in the criminal case, and at the time of dismissal, the Respondent lacked sufficient evidence to justify summary dismissal for gross misconduct. The court further held that the operational deficiencies of the Respondent contributed to the loss of sugar and that it was unfair to visit adverse consequences on the Claimant for the employer's own systemic failures. The...

Court Disposition

judgment for the claimant

Orders

  • A declaration that the termination of the Claimant's employment was unfair.
  • The Respondent to pay the Claimant Ksh.8,863,282.29 plus interest at court rates from the date of judgment until full payment.