Erickson Lukano v Delmonte Kenya Limited [2016] KEELRC 358 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 358
- Citation
- [2016] KEELRC 358 (KLR)
- Decided
- 18 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureClaimant seeks compensation and terminal benefits after unlawful dismissalCoramMATHEWS NDERI NDUMA
Holding
The court finds the dismissal unlawful and unfair, and awards compensation and terminal benefits.
Facts
Claimant was dismissed on 5th February 2013 for receiving a bribe, despite the supplier denying it. He reported the dispute to the Ministry of Labour, which recommended compensation.
Issues
- Was the dismissal lawful and fair?
- Is the claimant entitled to the reliefs sought?
Reasoning
The court finds the dismissal unlawful due to lack of conclusive evidence and the claimant's credible testimony of conspiracy. The claimant is awarded compensation and terminal benefits.
Outcome
In favour of the claimant
Orders
- Award of compensation in the sum of Kshs.440,658.24
- Award of Kshs.55,082.82 in lieu of one month notice
- Award of Kshs.40,280 arrear salary
- Award of Kshs.43,588.40 in lieu of leave
Remedies
- Compensation
- Terminal benefits
- Interest
- Costs of the suit
Authorities cited
Legislation (1)
- Employment Act, 2009
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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