Josphat Mwangi Gakingo v Radix Consulting Limited [2018] KEELRC 1000 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1000
- Citation
- [2018] KEELRC 1000 (KLR)
- Decided
- 28 September 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaimant vs RespondentCoramRobert Njuguna, Julia Muthoni
Holding
The termination was unfair due to poor performance and misconduct, and the procedure followed was not fair.
Facts
Claimant was employed as a Technical Consultant from August 2011 to March 2014. He was terminated on March 12, 2014, for poor performance and misconduct.
Issues
- Whether the termination was unfair
- Whether the reliefs sought should be granted
Reasoning
The Court found that the claimant's performance was unsatisfactory and he was absent from work without leave, which amounted to gross misconduct. The procedure followed was not fair as the claimant was not given sufficient time to prepare his defense and was not allowed to call a fellow employee as required by the Employment Act.
Outcome
The suit was dismissed with costs.
Authorities cited
Legislation (1)
- Employment Act
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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