Nicholus Lihugu Bwumira v Colette Gureshi t/a Wild Earth Wellness Centre Limited [2016] KEELRC 1772 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1772
- Citation
- [2016] KEELRC 1772 (KLR)
- Decided
- 18 January 2016
Summary at a glance
TypeEmployment DisputePostureClaimant vs RespondentCoramHon. Lady Justice Hellen S. Wasilwa
The Court found the termination of the Claimant unfair and unjustified due to lack of conclusive proof of the reasons given for dismissal and the absence of a fair hearing.
Facts
Claimant was employed as a gardener by Respondent from May 3, 2008, with a starting salary of Kshs.6,000 per month, which increased to Kshs.10,420 per month. The Claimant was terminated on May 30, 2012, for allegedly selling water to outsiders, despite the Respondent acknowledging receipt of a fine of Kshs.100,000 for water theft.
Issues
- valid reasons for dismissal
- due process in dismissal
- terminal benefits
Reasoning
The Court ruled that the reasons for dismissing the Claimant were not conclusively proved and that a fair hearing was not provided as required by law.
Outcome
The Court found the termination unfair and ordered the Respondent to pay the Claimant May 2012 salary, leave for 2011/2012, house allowance, and overtime.
Orders
- Respondent to pay Claimant May 2012 salary
- Respondent to pay Claimant leave for 2011/2012
- Respondent to pay Claimant house allowance
- Respondent to pay Claimant overtime
Remedies
- May 2012 salary
- Leave for 2011/2012
- House allowance
- Overtime
Authorities cited
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