Kenya Union of Commercial Food and Allied Workers v Kisii Bottlers Ltd [2017] KEELRC 1860 (KLR)

Facts

The claimant, Mr. Thomas Osano Magangi, was employed as a Mirror Inspector on 1st March, 2003. On 9th October, 2015, the respondent issued a show cause letter alleging his absence from duty on 5th October, 2015 and insubordination. The claimant responded and was later suspended and dismissed.

Issues

1. Whether the termination of the employment was wrongful, unfair and unlawful.
2. Whether the claimant is entitled to the relief sought.

Reasoning

The respondent provided evidence of the claimant's absence from duty and insubordination, and the disciplinary proceedings recommended his dismissal. The claimant failed to demonstrate procedural fairness.

Outcome

The claimant's case was dismissed with costs.