David Adema Lugongo v New Kenya Co-operative Creameries Limited [2015] KEELRC 658 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 658
- Citation
- [2015] KEELRC 658 (KLR)
- Decided
- 23 July 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeWrongful DismissalPostureAppeal from the original trialCoramHellen S. Wasilwa
Holding
Claimant is awarded 3 months salary in lieu of notice, 15% house allowance for 15 months, and 12 months salary as damages for unlawful termination. The surcharge claim is dismissed.
Facts
Claimant was employed as a Sales Marketing Representative by Respondent. He was suspended and later dismissed for irregular handling of products and misuse of company resources. He claimed wrongful dismissal and refused to pay terminal dues.
Issues
- Fair dismissal
- Due process
Reasoning
The court found the dismissal unfair due to lack of proper hearing and procedural violations. The claimant was awarded damages and salary in lieu of notice.
Outcome
Claimant wins
Orders
- 3 months salary in lieu of notice
- 15% house allowance for 15 months
- 12 months salary as damages for unlawful termination
- Claimant to be issued with a Certificate of Service
- Respondent to meet costs
Remedies
- Damages
- Salary in lieu of notice
- Certificate of Service
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.
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