Tom Ochieng Odhiambo v Kenya Literature Bureau [2014] KEELRC 66 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 66
- Citation
- [2014] KEELRC 66 (KLR)
Claimant was grossly negligent and terminated employment was justified. Respondent's counterclaim and set-off are upheld.
Facts
Claimant was employed as a Warehouse Manager by Respondent. On 9th November 2011, Claimant signed a delivery note for 250 reams of paper, but only 200 were delivered. Claimant altered the delivery note to reflect 200 reams. The discrepancy was reported, leading to Claimant's suspension and stock take.
Issues
- Employment termination justification
- Set-off of loan and advance against terminal benefits
Reasoning
Claimant's gross negligence in signing the delivery note and altering it was not satisfactorily explained. Respondent demonstrated valid reason for termination.
Outcome
Claimant with a balance of Kshs.29,485.65 owed to Respondent in respect of a car loan advance. Respondent to release the Logbook of the car and provide a certificate of service.
Orders
- Set-off of loan and advance against terminal benefits
- Respondent to release Logbook of the car
- Respondent to provide Claimant with a certificate of service
Remedies
- Set-off of loan and advance against terminal benefits
- Respondent to release Logbook of the car
- Respondent to provide Claimant with a certificate of service
Authorities cited
Legislation (1)
- Employment Act
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