Moses Kaunda Vernon v Sima Co-operative Savings & Credit Society Limited [2013] KEELRC 692 (KLR)

Facts

The claimant, Moses Kaunda Vernon, was employed as the Manager by the respondent, Sima Co-operative Savings and Credit Society Limited. He was suspended on 26.07.2012 for misappropriating Kshs.178,200.00. The disciplinary committee found that the money was not lost and recommended a warning. The claimant was dismissed on 5.05.2013 for fraud and contravention of the loaning policy.

Issues

1. whether the termination was unfair
2. whether the claimant is entitled to the withheld salary and other remedies

Reasoning

The court finds that the claimant was given notice and a hearing, and that the respondent upheld due process. The court also finds that the claimant was exculpated and found innocent with respect to the reason for which he was suspended.

Outcome

Judgment for the respondent, subject to recovering the liabilities owed by the claimant, to pay the claimant the withheld salary from 26.07.2012 to 5.05.2013.