Bernard Dodo Mbaja v Air Traffic Limited [2014] KEELRC 1347 (KLR)

Summary at a glance

Facts

The Claimant, Bernard Dodo Mbaja, was employed by the Respondent, Air Traffic Limited, as an aircraft/hangar cleaner. The Respondent terminated his employment without notice and deducted $212 from his salary to cover the cost of a broken cover lens. The Claimant denied breaking the lens and claimed compensation for unfair termination.

Issues

• Whether the termination of the Claimant's employment was lawful
• Whether the money recovered from the Claimant's salary to cover the cost of the broken lens was lawful
• Whether the Claimant is entitled to the reliefs sought

Reasoning

The Employment Act, 2007 requires employers to prove a valid reason for termination and follow due process. The Respondent failed to provide a reason for the termination and did not follow due process.

Outcome

The termination of the Claimant's employment was found to be unfair.

Orders

• The termination of the Claimant's employment was found to be unfair.
• The deductions from the Claimant's salary on account of the broken cover lens were found to be unlawful.

Remedies

• 12 months' salary in compensation for unfair termination
• One month's salary in lieu of notice
• Severance pay
• House allowance
• Unlawful deduction of salary

Authorities cited