Kenya Union of Employees of Polytechnics, Colleges and Allied Institutions (Kuepcai) v Board of Management Ilmotiook Secondary School [2016] KEELRC 780 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 780
- Citation
- [2016] KEELRC 780 (KLR)
- Decided
- 19 July 2016
The court finds a case of lawful termination of the employment of the claimant due to gross misconduct.
Facts
Claimant, Mr. Mathew Ngetich, was employed by respondent Ilmotiook Secondary School as a Storekeeper on August 1, 2008. He was transferred to the Kitchen Store in February 2012. The claimant was served with a compulsory leave letter in May 2014, which was extended in September 2014. The claimant claims unpaid salaries and allowances for the period July 2014 to March 2015.
Issues
- Was the termination of the employment of the claimant wrongful, unfair and unlawful?
- Is the claimant entitled to the relief sought?
- Who bears the costs of this cause?
Reasoning
The court agrees with the respondent that the claimant's misconduct, including unreliability and untrustworthiness, led to loss of materials in his charge. The evidence overwhelmingly supports the respondent's case.
Outcome
The claimant's case for unlawful termination is dismissed.
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