Benson Mwania v Bestfast Cargo (K) Limited [2015] KEELRC 723 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 723
- Citation
- [2015] KEELRC 723 (KLR)
- Decided
- 29 July 2015
Summary at a glance
TypeUnfair TerminationPostureClaimant vs RespondentCorampresiding judge
The Court finds that the termination of the Claimant's employment was both substantively and procedurally unfair and he is entitled to compensation.
Facts
Benson Mwania worked as a Declaration Clerk at Bestfast Cargo (K) Limited from July 1998 until February 28, 2011. He was terminated on February 28, 2011, and claimed compensation for wrongful dismissal.
Issues
- Whether the termination of the Claimant's employment was justifiable and fair
- Whether the Claimant is entitled to the remedies sought
Reasoning
The termination was based on poor performance, but the Respondent failed to follow the Employment Act's procedure for handling such cases, including explaining the reasons, allowing a representative to be present, and considering the employee's explanations.
Outcome
The Claimant is entitled to compensation for wrongful dismissal.
Remedies
- 12 months' salary for wrongful dismissal
- Severance pay
- General damages
- Costs and interest
Authorities cited
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