Paul Makau Mututu v Nasib Industrial Products [2016] KEELRC 1753 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1753
- Citation
- [2016] KEELRC 1753 (KLR)
- Decided
- 5 February 2016
Summary at a glance
TypeUnlawful Summary DismissalPostureClaimant's Ex Parte HearingCoramLINNET NDOLO
The Court finds the dismissal procedurally and substantively unfair, and awards the Claimant 12 months' salary in compensation for unlawful dismissal, one month's salary in lieu of notice, and salary for the month of January 2014.
Facts
Claimant was dismissed on January 29, 2014, for allegedly stealing 40 liters of standard thinner. He denied the charge and claimed his colleague was responsible. The dismissal was communicated by letter.
Issues
- Whether the Claimant's dismissal was justifiable and fair
- Whether the Claimant is entitled to the remedies sought
Reasoning
The Respondent failed to prove a valid reason for the dismissal and did not follow the mandatory disciplinary procedure. The Court awarded compensation based on the Claimant's length of service and the Respondent's conduct.
Outcome
Claimant wins
Orders
- Award of 12 months' salary in compensation for unlawful dismissal
- Award of 1 month's salary in lieu of notice
- Award of salary for the month of January 2014
- Award of leave pay for 10 years and 8 months
- Award of costs to the Claimant
Remedies
- Compensation for unlawful dismissal
- Salary in lieu of notice
- Salary for the month of January 2014
- Leave pay for 10 years and 8 months
- Costs
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.
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