Josephat Nyakundi Omweri v K-Rep Bank Ltd [2015] KEELRC 1371 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1371
- Citation
- [2015] KEELRC 1371 (KLR)
- Decided
- 6 March 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureAppeal from an original trial decisionCoramRadido Stephen
Holding
The dismissal was procedurally unfair and the Claimant is awarded 5 months' wages compensation and one month's wage in lieu of notice.
Facts
Claimant was dismissed by Respondent on May 10, 2010, for alleged fraudulent activities. Claimant was detained and charged in Magistrate's Court but later acquitted. He was not given notice of dismissal.
Issues
- whether the dismissal was unfair
- effect of Claimant's acquittal before the Magistrate's Court
- right to fair administrative action
- effect of a parallel suit
Reasoning
The dismissal was not in compliance with the statutory procedural fairness requirements of the Employment Act, 2007.
Outcome
Claimant's appeal successful
Orders
- Award of 5 months' wages compensation
- Award of one month's wage in lieu of notice
Remedies
- Compensation for unfair and unlawful termination
- One month wages in lieu of notice
Authorities cited
Legislation (1)
- Employment Act, 2007
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…