Tailors and Textiles Workers Union v Vaja's Manufacturers Limited [2014] KEELRC 1382 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1382
- Citation
- [2014] KEELRC 1382 (KLR)
Summary at a glance
TypeIndustrial DisputePostureAppeal from the original trialCoramLINNET NDOLO
The summary dismissal is converted to normal termination, and the Respondent is ordered to pay terminal dues including notice pay and accrued salary arrears.
Facts
The Grievant, Joseph Itinga Wambua, was employed by Vaja's Manufacturers Limited as a Printer on 1st September 2001. He was dismissed on 19th March 2010 for overproducing 254 pieces of Coca Cola body tops.
Issues
- Whether the termination of the Grievant's employment by way of summary dismissal was justifiable and fair
- Whether the Grievant is entitled to the reliefs sought
Reasoning
The Court found that the Grievant's mistake was not remote and there were mitigating factors. The summary dismissal was too harsh.
Outcome
Converted summary dismissal to normal termination
Orders
- The Respondent is ordered to pay terminal dues including notice pay and accrued salary arrears
Remedies
- Payment of terminal dues
Authorities cited
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