Kennedy Mwendwa Kalali v Chemserve Cleaning Services Ltd [2017] KEELRC 1386 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1386
- Citation
- [2017] KEELRC 1386 (KLR)
- Decided
- 5 May 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from an original trial decisionCoramKamau Kunyiha Mucai Kunyiha
Holding
The dismissal was procedurally unfair and the Respondent had a valid reason for terminating the Claimant's employment based on operating a competitor company.
Facts
The Claimant, Kennedy Mwendwa Kalali, was dismissed by his employer, Chemserve Cleaning Services Ltd, on September 30, 2013, for operating a competitor company and mishandling the VAT account.
Issues
- Whether the dismissal was lawful and fair
- Whether the Claimant is entitled to compensation
- Whether the Respondent has a counterclaim
Reasoning
The Court found that the dismissal was procedurally unfair as the Claimant was not given the mandatory disciplinary process and the reason for dismissal was not substantiated.
Outcome
The Claimant is awarded four (4) months' salary in compensation for unfair termination.
Remedies
- Compensation of four (4) months' salary
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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