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Abubakar Aslam Shikolio v Savannah Cement (EPZ) Limited [2015] KEELRC 767 (KLR)

[2015] KEELRC 767 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
767
Citation
[2015] KEELRC 767 (KLR)
Decided
17 July 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaimant vs RespondentCoramAbuodha
Holding

The termination of the Claimant's employment was found to be unlawful and unfair.

Facts

The Claimant was employed as a Stock Controller by the Respondent on July 2, 2012, with a monthly salary of Kshs.165,000. He was terminated on April 4, 2013, for giving false information about transactions with two companies, Vile and Blind General Suppliers, and Jagesons Ventures.

Issues

  1. Whether the Respondent had a valid reason for terminating the Claimant's employment
  2. Whether in undertaking the termination the Respondent observed due procedure
  3. Whether the Claimant is entitled to the remedies sought

Reasoning

The Claimant was accused of giving false information about transactions with two companies, but he denied the allegations. The Respondent terminated his employment based on the claim of conflict of interest and failure to disclose information.

Outcome

The Claimant was awarded a declaration that the termination was unlawful and unfair, and compensation equivalent to 12 months' salary.

Remedies

  • A declaration that the termination of his employment was unlawful and unfair
  • Compensation equivalent to 12 months' salary of 165,000 per month

Authorities cited

Legislation (1)
  • Employment Act, 2007
Cases cited (2)
  • Maurice Kamwilwa v South Eastern University College [2015] eKLR
  • John Ngatia Ndung'u v Kenya Commercial Bank Limited [2014] eKLR
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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