Joseph Onganga Mtulah v Ol Kalou Dairy Ltd [2016] KEELRC 1281 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1281
- Citation
- [2016] KEELRC 1281 (KLR)
- Decided
- 3 May 2016
Summary at a glance
TypeEmployment DisputePostureAppeal from the original trialCoramRadido Stephen
The termination was substantively unfair due to the Respondent's failure to prove the reasons as valid and fair.
Facts
The Claimant, Joseph Onganga Mtulah, was terminated by Ol Kalou Dairy Ltd on February 17, 2012. The Claimant was summoned to appear before the Board to answer to allegations of abuse of office, failure to disclose information, and failure to manage the company's human resources.
Issues
- Whether the termination of the Claimant's employment was fair
- What appropriate remedies should be awarded
Reasoning
The Court found that the Respondent failed to discharge the burden placed on it by sections 43 and 45 of the Employment Act, 2007, on a balance of probabilities.
Outcome
The Respondent is ordered to pay the Claimant compensation of Kshs 241,800/-
Remedies
- Compensation of Kshs 241,800/-
Authorities cited
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