Jaffar Mohamed v Ready Consultancy Co. Ltd [2015] KEELRC 763 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 763
- Citation
- [2015] KEELRC 763 (KLR)
- Decided
- 17 July 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnlawful TerminationPostureClaimant seeks damages for unlawful termination, Respondent denies liability and avers lawful dismissal for gross misconduct.CoramO. N. Makau
Holding
Court finds dismissal unlawful due to lack of evidence of theft and procedural fairness issues.
Facts
Claimant was dismissed on 18/7/2012 for theft, despite denying the charge. He was paid salary for 18 days worked in July 2012.
Issues
- whether dismissal was unlawful
- whether reliefs sought should be granted
Reasoning
Court evaluates reason for dismissal as subjective but fairness requires an objective test. Employer failed to prove valid and fair reason for dismissal.
Outcome
Judgment entered for Claimant, declaring dismissal unlawful and awarding damages.
Orders
- Judgment for Claimant declaring dismissal unlawful and awarding damages
Remedies
- Damages of Kshs.119,000 plus costs and interest
Authorities cited
Legislation (1)
- Employment Act
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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