John Kebaso Mose v Uchumi Supermarket [2017] KEELRC 234 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 234
- Citation
- [2017] KEELRC 234 (KLR)
- Decided
- 4 December 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent denied claim and prayed for dismissal with costs.CoramWasilwa
Holding
The termination of the employment of the claimant was wrongful, unfair and unlawful.
Facts
Claimant was employed as a Customer Service Attendant from 27th November, 2009. He was dismissed on 20th November, 2016 without being given an opportunity to be heard. Allegations of theft were made, but he was found innocent and released by the police.
Issues
- Was the termination of the employment of the claimant wrongful, unfair and unlawful?
- Is the claimant entitled to the relief sought?
Reasoning
The respondent's dismissal of the claimant without giving him an opportunity to be heard was found to be wrongful, unfair and unlawful.
Outcome
Claimant's case dismissed with costs.
Orders
- Dismissal of the claimant's case with costs.
Remedies
- Declaration that the respondent's dismissal was unfair and unlawful.
- General damages for violation of personal dignity.
- Loss of remuneration calculated at Kshs.38,500/= per month until reinstatement of employment.
Authorities cited
Legislation (2)
- Employment Act, 2007
- Constitution of Kenya, 2010
Cases cited (1)
- David K Cheruiyot vs. Barclays Bank of Kenya Limited (2015) eKLR
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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