Bernard Otieno v DHL Exel Supply Chain (K) Limited [2017] KEELRC 1667 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1667
- Citation
- [2017] KEELRC 1667 (KLR)
- Decided
- 10 March 2017
Summary at a glance
TypeUnlawful Termination of EmploymentPostureAppeal from an original trial decisionCoramRika
The Court finds that the termination of the Claimant's employment was both substantively and procedurally unfair.
Facts
The Claimant was employed as a Receiving Clerk by the Respondent from 2009. On March 4, 2014, he was issued with a show cause letter alleging theft of company property. He denied the allegations and was terminated on March 19, 2014.
Issues
- Whether the termination of the Claimant's employment was lawful and fair
- Whether the Claimant is entitled to the remedies sought
Reasoning
The Respondent failed to establish a valid reason for terminating the Claimant's employment and did not follow the mandatory disciplinary procedure as required by the Employment Act.
Outcome
The Claimant is awarded ten (10) months' salary in compensation for unfair termination of employment.
Remedies
- Ten (10) months' salary in compensation for unfair termination of employment
Authorities cited
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