John Njiraini Mwaniki v Kenya Power & Lighting Company Limited [2016] KEELRC 1194 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1194
- Citation
- [2016] KEELRC 1194 (KLR)
- Decided
- 13 May 2016
The court finds the plaintiff's dismissal unfair due to the defendant's unreasonableness and negligence. The court awards the plaintiff Kshs. 1,000,000.00 in general damages and orders the defendant to pay the plaintiff's costs of the suit.
Facts
The plaintiff, John Njiraini Mwaniki, was employed by Kenya Power & Lighting Company Limited as a Clerk Grade IV in August 1985. He was promoted to Clerk Grade IIB in June 1997. The plaintiff developed a hypertensive condition and wrote two resignation letters, which were subsequently withdrawn. The defendant accepted the resignation and paid the plaintiff's final benefits.
Issues
- Whether the plaintiff's dismissal was unlawful or unfair
- Whether the plaintiff is entitled to general damages and severance pay
Reasoning
The court considers the plaintiff's service, the defendant's unreasonableness, and the plaintiff's health predicament. The court finds the defendant breached a duty of care and acted negligently.
Outcome
Judgment for the plaintiff
Orders
- Declaration of unfair dismissal
- Payment of Kshs. 1,000,000.00 in general damages
- Payment of plaintiff's costs of the suit
Remedies
- Declaration of unfair dismissal
- General damages of Kshs. 1,000,000.00
Authorities cited
Legislation (1)
- Employment Act, 2007
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