Steve Kipkore Kirmoyo v Speedex Logistics Limited [2018] KEELRC 1387 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1387
- Citation
- [2018] KEELRC 1387 (KLR)
The Court finds the termination of the Claimant's contract was procedurally flawed and grants compensation equivalent to 1 month's salary. The Claimant is ordered to pay the Respondent Kshs. 30,000 for a loan he had not repaid.
Facts
The Claimant was employed as a Clerk by the Respondent from January 2007. In February 2015, KRA alleged that the Respondent owed them Kshs. 1,278,197 in customs duty. The Claimant was suspended and later terminated for alleged theft, without a formal disciplinary hearing.
Issues
- Unfair dismissal
- Procedural fairness
- Compensation for wrongful termination
- Overtime and weekend payments
Reasoning
The Court rules that the termination was not fair due to the lack of a formal disciplinary hearing and procedural default. The Claimant is awarded compensation for 19 days' work and 1 month's salary, and the Respondent is ordered to pay the Claimant the loan amount.
Outcome
The Respondent is ordered to pay the Claimant Kshs. 60,575 in compensation and Kshs. 30,000 for the loan, with the balance to be paid by the Respondent.
Orders
- Compensation of Kshs. 60,575 to the Claimant
- Payment of Kshs. 30,000 to the Respondent by the Claimant
- Certificate of Service to be issued
Remedies
- Compensation for wrongful termination
- Payment of loan amount
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