Robert Aduda Oyuko v Real Insurance Company Ltd [2014] KEELRC 444 (KLR)

Facts

The Claimant, Robert Aduda Oyuko, was employed by the Respondent, Real Insurance Company Ltd. as a senior underwriter. He was dismissed on September 9, 2011, for allegedly introducing an agent in a direct business transaction with the aim of unlawfully earning a commission.

Issues

1. Payment of three (3) months salary in lieu of notice
2. Payment in lieu of leave for the year 2011
3. Arrears salary for nine (9) days in September 2011
4. Maximum compensation for unlawful and unfair dismissal

Reasoning

The Court found that the Claimant introduced an agent in a direct business transaction, which was improper and contrary to the Respondent's policy on insurance proposals. The breach of trust justified the dismissal, and the Respondent provided a fair opportunity to defend himself.

Outcome

The Claimant's claims for three (3) months salary in lieu of notice, payment in lieu of leave for the year 2011, and arrears salary for nine (9) days in September 2011 were partly successful, and the Respondent was ordered to pay Kshs.928,125/= in lieu of three (3) months notice and salary arrears for 9 days.