Timothy Asudi Malwa v E-Gap Solutions Limited [2016] KEELRC 1157 (KLR)

Facts

Claimant was employed as a foreman by Respondent from June 2004, with salary increasing to Kshs. 45,000 by May 2010. Claimant was suspended and charged in a criminal case for alleged theft and misappropriation of masons' wages.

Issues

1. Whether the dismissal was lawful and fair
2. Whether the Claimant is entitled to the remedies sought
3. Whether the Respondent has proved a counterclaim against the Claimant

Reasoning

Dismissal was based on allegations of theft, but employer failed to follow mandatory procedures and provide procedural fairness. Employer also failed to document internal disciplinary rules.

Outcome

Claimant's appeal upheld, dismissed procedurally and substantively unfair

Authorities cited