Elizabeth Wangare Gathoni & 2 others v Andrew Nightngale and Kembu E.A. Ltd [2014] KEELRC 602 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 602
- Citation
- [2014] KEELRC 602 (KLR)
- Decided
- 4 March 2014
Summary at a glance
TypeIndustrial DisputePostureAppeal from a decision of the Industrial CourtCoramD.K.N. Marete
The termination of the 1st and 2nd claimants was found to be wrongful, unfair and unlawful, and they are entitled to the relief sought.
Facts
The claimants were employees of the respondent, engaged on diverse dates. The 1st and 2nd claimants were dismissed for gross misconduct, while the 3rd claimant was dismissed after a commotion between her and another worker.
Issues
- Was the termination of the 1st and 2nd claimants wrongful, unfair and unlawful?
- Was there a termination of employment for the 3rd claimant?
- Are the claimants entitled to the relief sought?
Reasoning
The court found that the 1st and 2nd claimants were dismissed for gross misconduct, but the dismissal was improper as they were not given a chance to defend themselves. The 3rd claimant's dismissal was also found to be wrongful.
Outcome
Affirmed the decision of the Industrial Court
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