Joakim Nyaanga Ragogi v Transmara Sugar Company Ltd [2017] KEELRC 81 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 81
- Citation
- [2017] KEELRC 81 (KLR)
Summary at a glance
TypeEmployment DisputePostureClaimant's Statement of Claim vs Respondent's Statement of ResponseCoramD. K. N. Marete
The termination of the employment was wrongful, unfair and unlawful.
Facts
Claimant was a Motor Vehicle Driver employed by Transmara Sugar Company Ltd. He was suspended and terminated due to criminal proceedings, but was later discharged. He claims compensation for house allowance, unpaid leave, untaken public holidays, and off days.
Issues
- Was the termination of the employment of the claimant wrongful, unfair and unlawful?
- Is the claimant entitled to the relief sought?
Reasoning
The court found that the respondent did not have the benefit of the state's investigation report or findings when dismissing the claimant, thus the test for gross misconduct was not capable of being proved.
Outcome
Claimant's case is upheld.
Remedies
- House allowance for the entire period of service
- Payment in lieu of untaken/unpaid leave
- Payment for untaken/unpaid public holidays
- Payment for off days untaken
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…