Francis Masika Wambua & 2 others v Wells Fargo Limited [2016] KEELRC 252 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 252
- Citation
- [2016] KEELRC 252 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from original trialCoramJames Rika
Holding
Termination was based on valid reasons but lacking in fairness of procedure.
Facts
The claimants were employed by Wells Fargo Limited as mechanics. They were accused of stealing company property and were charged with theft by servant. The criminal case was dropped due to lack of evidence. The claimants were suspended and denied access to work.
Issues
- Unfair dismissal
- Severance pay
- Compensation for the period of the criminal trial
- Annual leave
Reasoning
The court found that the termination was justified due to the employment offenses committed, but the procedure was unfair. The claimants are entitled to compensation for the period of the criminal trial and annual leave.
Outcome
Affirmed
Orders
- 3 months' gross salary in compensation for unfair termination for Francis Masika Wambua at Kshs. 55,710
- 2 months' salary in compensation for the period of the criminal trial at Kshs. 33,140
- 3 months' gross salary in compensation for unfair termination for Mayikuma Manyonge Asma at Kshs. 33,024
- 2 months' gross salary to compensate the period of the criminal trial at Kshs. 22,016
- 21 days of annual leave for the year 2012 at Kshs. 8,884
- 3 months' gross salary in compensation for unfair termination for Moses Gakuha Gititu at Kshs. 36,000
- 2 months' salary for the period of the criminal trial at Kshs. 24,000
- 21 days of annual leave at Kshs. 9,692
Authorities cited
Legislation (1)
- Employment Act 2007
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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