James Kariuki Wanyamba v Kagumo Teachers College [2015] KEELRC 533 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 533
- Citation
- [2015] KEELRC 533 (KLR)
The court finds the dismissal unfair and orders the respondent to pay the claimant Kshs.3,588,882.00 in compensation for unfair dismissal, one month pay in lieu of notice, and the certificate of service. The claimant is also entitled to a declaration that the dismissal was unfair.
Facts
Claimant was Finance Officer at Kagumo Teachers College. In June 2009, he discovered discrepancies in payroll and bank payments. He reported the clerks involved, who admitted to fraud but claimed it was not their fault. The claimant was suspended and the case was reported to the police and board.
Issues
- Unfair dismissal
- Declaration of unfair dismissal
- Compensation for unfair dismissal
- Pay in lieu of notice
- Certificate of service
- Costs of the suit
Reasoning
The court found the dismissal unfair due to lack of a genuine reason and the adverse consequences on the claimant's professional standing.
Outcome
Judgment for the claimant
Orders
- Compensation of Kshs.3,588,882.00
- Pay in lieu of notice of Kshs.54,377.00
- Certificate of service
- Costs of the suit
Remedies
- Compensation for unfair dismissal
- Pay in lieu of notice
- Certificate of service
- Costs of the suit
Authorities cited
Legislation (1)
- Employment Act, 2007
Loading judgment…