Simon Otsieno Makanda & another v Kenya Motors And Equipments Limited [2013] KEELRC 629 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 629
- Citation
- [2013] KEELRC 629 (KLR)
Summary at a glance
TypeEmployment DisputePostureAppeal from a summary dismissalCoramJustice Stewart M. Madzayo
The Court found that the Claimants were justified in demanding better working tools but wrong to openly defy their supervisor and employer.
Facts
Simon Otsieno Makanda and Godfrey Elfasi Were were employed by Kenya Motors and Equipments Limited. They were dismissed summarily on July 20, 2009, for insubordination and refusal to use a sanding machine to buff a car.
Issues
- Was the Respondent justified to summarily dismiss the Claimants from their employment?
- What remedies if at all are available to the Claimants?
Reasoning
The Court found that the employees had some justification to demand better working tools, but their refusal to follow instructions and openly defy their supervisor and employer was not justified.
Outcome
The Court upheld the summary dismissal of the Claimants.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…