Silas Kaumbuthu Mbutura v Meru Central Dairy Co-Operative Union Limited [2015] KEELRC 603 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 603
- Citation
- [2015] KEELRC 603 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureClaimant seeks reinstatement and compensation for unfair labor practice.CoramBYRAM ONGAYA
Holding
Claimant is entitled to reinstatement and compensation for unfair labor practice.
Facts
Claimant was terminated by respondent on grounds of insubordination. Claimant claimed he was not responsible for previous day's milk and the mix-up was due to another supervisor's fault.
Issues
- Whether claimant is entitled to reinstatement and compensation for unfair labor practice.
- Validity of termination reason.
Reasoning
The court found the termination reason invalid as the claimant was not the production supervisor on the material date and not responsible for the previous day's milk.
Outcome
Judgment for claimant, including reinstatement and compensation.
Orders
- Reinstatement with full monthly pay from 19 January 2015.
- Confirmation as production supervisor not later than 1 October 2015.
- Claimant to report for deployment on 3 August 2015.
- Claimant to file schedule of withheld pay and serve by 15 August 2015.
- Respondent to pay compensation and costs of Kshs. 325,000.00 by 1 November 2015 with interest from judgment date.
Remedies
- Reinstatement with full monthly pay.
- Compensation of Kshs. 325,000.00.
- Confirmation as production supervisor.
- Deployment for appropriate work.
- Payment of withheld pay.
Authorities cited
Legislation (2)
- Employment Act, 2007
- Constitution of Kenya, 2010
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.
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