Charles Mumo Nyumu v Bollore Africa Transport & Logistics Kenya Limited [2017] KEELRC 376 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 376
- Citation
- [2017] KEELRC 376 (KLR)
- Decided
- 26 September 2017
Summary at a glance
TypeEmployment DisputePostureAppeal from the original trialCoramNot explicitly named in the text, but implied to be the presiding judges of the Employment and Labour Relations Court of Kenya at Nairobi
The termination of the claimant's employment was fair and justified under the Employment Act, 2007, due to gross misconduct.
Facts
The claimant, Charles Mumo Nyumu, was employed by Bollore Africa Transport & Logistics Kenya Limited as a Security Officer. He was promoted to Security Manager and dismissed on July 18, 2014, for alleged substandard work and theft. He claimed notice pay, compensation, and costs.
Issues
- Whether the termination of the claimant's employment was fair or unfair
- Whether the remedies sought are available
Reasoning
The claimant was dismissed for wilful neglect of duty and allowing a stranger into the premises without proper procedures, which were grounds for summary dismissal under section 44(4)(c) of the Employment Act, 2007. The claimant was given warnings and a show cause notice before dismissal.
Outcome
Affirmed
Remedies
- Notice pay
- Compensation
- Costs of the suit
Authorities cited
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