Michael Homas Opondo Were v Maths Trading Company Limited [2016] KEELRC 1728 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1728
- Citation
- [2016] KEELRC 1728 (KLR)
- Decided
- 27 January 2016
Summary at a glance
TypeWrongful TerminationPostureAppeal from an original trial decisionCoramM. Mbaru
The summary dismissal was lawful as the Claimant was arrested and charged with a criminal offense, constituting gross misconduct.
Facts
The Claimant was employed as a Warehouse Supervisor and was dismissed on suspicion of involvement in a criminal offense. He was arrested and charged with obtaining goods by false pretenses.
Issues
- Wrongful termination
- Breach of contract and confidentiality
- Remedies due
Reasoning
The dismissal was justified under section 44(4) of the Employment Act, as the Claimant was arrested and charged with a criminal offense, and the employer had reasonable grounds to suspect his involvement.
Outcome
Affirmed
Remedies
- Salary for June 2014
- Notice pay
- Unpaid house allowances
- Salary for the unexpired term contract
- Damages for wrongful termination
Authorities cited
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