Francis Ngunjiri Mukoma v Roben Aberdare (K) Limited (Cause 231 of 2015) [2016] KEELRC 593 (KLR) (14 October 2016) (Judgment)

Summary at a glance

Facts

The claimant, Francis Ngunjiri Mukoma, was employed as a lorry driver by Roben Aberdare (K) Limited on December 8, 2012. On March 27, 2013, he was involved in a road traffic accident and was on sick leave from March 27 to June 4, 2013. On May 2, 2013, he was terminated by the employer, who claimed he was on probation and did not meet expectations. The claimant denied this and claimed unfair dismissal.

Issues

• Whether the termination of the claimant's employment was unfair.
• Whether the claimant was on probationary service or need basis.

Reasoning

The court applies the Employment Act, 2007, and finds that the probationary period was for 3 months, ending around May 14, 2013. The claimant's evidence on 3 months' pay was inconsistent and not established on a balance of probability.

Outcome

Judgment for the claimant for Kshs.5, 494.00 in lieu of notice and costs.

Orders

• The respondent to pay the claimant Kshs.5, 494.00 by November 1, 2016.
• Each party to bear their own costs of the suit.

Remedies

• Payment of Kshs.5, 494.00 in lieu of notice.

Authorities cited