Kenya Plantation & Agricultural Workers Union v Unilever Tea Kenya Limited [2015] KEELRC 92 (KLR)

Summary at a glance

Facts

The grievant, Robert Ondieki, was employed by the respondent as a general worker. On September 3, 2011, he was dismissed for allegedly using abusive language and threatening to cause bodily harm to the leaf inspector.

Issues

• Whether the termination of the employment of the grievant was wrongful, unfair and unlawful.
• Whether the claimant is entitled to the relief sought.
• Who shall bear the costs of this cause.

Reasoning

The court found that the respondent's reasons for dismissal were not supported by evidence and that the grievant's actions were not abusive or insulting.

Outcome

The grievant is reinstated to employment.

Orders

• Reinstatement of the grievant to employment without loss of benefits, promotion, and emoluments.
• Order for the grievant to report to work tomorrow.
• Order for the respondent to pay the grievant for all leave due and untaken before termination.
• Order for the respondent to return the grievant's household goods and other property withheld during the eviction process from the respondent's residential premises on termination.
• Order for each party to bear its own costs.

Remedies

• Reinstatement
• Payment of leave due
• Return of household goods
• Costs

Authorities cited