CMC Aviation Limited v Mohammed Noor [2015] KECA 775 (KLR)
- Court
- Court of Appeal
- Case number
- 775
- Citation
- [2015] KECA 775 (KLR)
- Decided
- 24 April 2015
The dismissal was found to be unfair and the award of US$9000 as one month's pay in lieu of notice is set aside. The award of US$108,000 for wrongful dismissal is also set aside. The respondent is awarded one month's salary in lieu of notice in the sum of US$5,075 and commensurate payment of 5.25 days' salary for accrued leave for the year 2010.
Facts
The respondent, Captain Mohamed Noor, was employed by CMC Aviation Limited as a Chief Pilot on a two-year contract. He was demoted to Line Captain in October 2008 and his salary was reduced. The respondent was suspended in January 2010 due to an airplane accident in Congo, and his log book and license were retained by the Civil Aviation Authority of Congo. The respondent was later dismissed summarily.
Issues
- Fairness of the summary dismissal
- Compensation for wrongful termination
- Reasonableness of the demotion
Reasoning
The court found the dismissal unfair due to the lack of statutory procedure and awarded one month's salary in lieu of notice instead of twelve months' salary.
Outcome
The appeal is allowed with the decision of the Industrial Court partially set aside.
Orders
- Reduction of the respondent's dismissal to a normal termination
- Award of one month's salary in lieu of notice in the sum of US$5,075
- Payment of 5.25 days' salary for accrued leave for the year 2010
Remedies
- None
Authorities cited
Legislation (2)
- Employment Act
- Civil Aviation Authority of Congo
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