Brown Tom Achanga v Jiangxi Zhongmei Engineering Construction Ltd [2016] KEELRC 831 (KLR)

Summary at a glance

Facts

The Claimant was employed as a Plant Mechanic by the Respondent on 1st November, 2012. He was dismissed on 20th May, 2014, with the ground that he colluded with drivers to syphon diesel and was taking bribes from them. The Respondent alleged that the Claimant charged drivers Shs.600 per week for repair and that he opened padlocks for drivers to syphon fuel. The Claimant denied these allegations and claimed he was never given an opportunity to be heard.

Issues

• Whether the Claimant was unfairly terminated by the Respondent
• Whether the Claimant is entitled to the reliefs sought

Reasoning

The Court finds that the letter from drivers complaining about the Claimant charging them Shs.600 per week to ensure repair of their vehicles whenever they broke down was sufficient ground for the Respondent to discipline the Claimant in line with section 43 of the Act. However, the Respondent did not provide the Claimant with a proper hearing and opportunity to be heard.

Outcome

The Claimant is entitled to salary for days worked up to 19th May, 2014.

Remedies

• Salary for days worked up to 19th May, 2014

Authorities cited