Steve Onyari Nyambegera v Bake ‘N’ Bite Mombasa Ltd [2015] KEELRC 387 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 387
- Citation
- [2015] KEELRC 387 (KLR)
The Court found that the Respondent did not comply with the peremptory requirements of procedural fairness, particularly in the process of informing the Claimant of the allegations and giving him an opportunity to make representations. The Court also found that the reasons given for the dismissal were not proved.
Facts
The Claimant, Steve Onyari Nyambegera, was employed by Bake ‘N’ Bite Mombasa Ltd from March 2010 until October 2013. The Respondent alleged that the Claimant used excess yeast in mixing flour for baking, inciting other employees to do so, and not adhering to procedures.
Issues
- When did the employment relationship commence?
- Was the dismissal of the Claimant unfair?
- What are the Claimant’s contractual and statutory entitlements?
Reasoning
The Court determined that the Respondent did not provide the Claimant with the necessary procedural fairness, as evidenced by the lack of a formal hearing and the absence of clear allegations and proof of misconduct. The Court also found that the reasons given for the dismissal were not substantiated.
Outcome
The Court found the dismissal to be unfair and ordered the Respondent to pay damages for the loss of prospective future earnings.
Orders
- The Respondent to pay damages for the loss of prospective future earnings.
Remedies
- Damages for the loss of prospective future earnings.
Authorities cited
Legislation (1)
- Employment Act, 2007
Loading judgment…