Kenya Shoe & Leather Workers Union v Kenafric Industries Limited [2016] KEELRC 1126 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1126
- Citation
- [2016] KEELRC 1126 (KLR)
- Decided
- 27 May 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
Typetermination disputePostureappeal from original trialCoramAbuodha Jorum Nelson
Holding
The Court finds that the dismissal was unfair and unlawful, and awards the claimant 2 months salary in lieu of notice, 10 months salary as compensation for unfair dismissal, and costs of the suit.
Facts
The claimant, Mr. Joseph Webo, was employed by the respondent, Kenafric Industries Limited, as a general labourer from January 5, 1998 to June 30, 2012. Allegations arose that on June 29, 2012, he clocked in for the night shift but did not work and returned the next morning to clock out.
Issues
- whether the dismissal was fair and lawful
- validity of the dismissal reason
- procedure followed in the dismissal
Reasoning
The Court found that the dismissal reason was not valid and the procedure was not fair, as the union representative and shop floor official were not called to the disciplinary hearing.
Outcome
Claimant wins
Orders
- Award of 2 months salary in lieu of notice
- Award of 10 months salary as compensation for unfair dismissal
- Award of costs of the suit
- Issue of certificate of service
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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