Kenya Union of Commercial Food & Allied Workers v Mombasa Water Supply & Sanitation Co Limited & another [2016] KEELRC 1128 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1128
- Citation
- [2016] KEELRC 1128 (KLR)
- Decided
- 27 May 2016
Summary at a glance
TypeUnlawful DismissalPostureAppeal from original trialCoramONESMUS MAKAU
The court finds that the grievant did not misadvise any customer or the employer, did not participate in the illegal connection at Kiembeni estate, and did not solicit for any money from the customer.
Facts
The grievant, Francis Kiema, was employed by Mombasa Water Supply & Sanitation Co. Ltd. as a Meter Reader and later as a New Connection Officer. He was dismissed on 3.7.2013 for misconduct, but denied committing any of the alleged offenses.
Issues
- Whether the grievant grossly misconducted himself between September and December 2012.
- Whether the termination of his employment was unlawful and unjustified.
- Whether he is entitled to the reliefs sought.
Reasoning
The court found that the grievant was not guilty of misadvising, participating in unauthorized pipe alteration, or soliciting money from the customer. The court also found that the illegal connection was done by others and not by the grievant.
Outcome
Judgment entered for the Claimant, declaring the dismissal unfair and unlawful, and directing the Respondent to reinstate the grievant unconditionally.
Orders
- Reinstatement of the grievant to his employment unconditionally and without loss of benefits.
- Claimant will have costs.
Remedies
- Reinstatement of the grievant to his employment.
- Costs awarded to the Claimant.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…