Khamisi Abdalla Ngonyo v Steelmakers Limited [2018] KEELRC 1599 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1599
- Citation
- [2018] KEELRC 1599 (KLR)
- Decided
- 6 July 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureClaimant v RespondentCoramABUODHA J.
Holding
The court finds the dismissal unfair and awards compensation for one month's salary in lieu of notice, salary for August, September, and October, 8 days' salary for November, accrued leave for one year, and six months' salary as compensation for unfair dismissal.
Facts
The claimant was employed as a machine operator and later promoted to a supervisor. He was suspended on August 26, 2011, and dismissed on November 8, 2011, for soliciting bribes from new recruits. He claimed he was not given a chance to respond.
Issues
- Whether the dismissal was fair under the Employment Act
- Whether the claimant was entitled to compensation for unfair dismissal
Reasoning
The court found that the claimant was not given a disciplinary hearing after the allegations of bribery were confirmed, which is a requirement under the Employment Act.
Outcome
Claimant wins
Orders
- One month's salary in lieu of notice
- Salary for August, September, and October
- 8 days' salary for November
- Accrued leave for one year
- Six months' salary as compensation for unfair dismissal
Remedies
- Compensation for unfair dismissal
- Tax and statutory deductions applied to compensation
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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