Josephat Muthama Munywoki v Crown Industries Limited [2018] KEELRC 1709 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1709
- Citation
- [2018] KEELRC 1709 (KLR)
- Decided
- 22 June 2018
The termination was unfair due to lack of due process and valid reasons. The claimant is entitled to a declaration of unfair dismissal, 6 months' salaries, service gratuity, and 11,270 in lieu of notice.
Facts
The claimant, Josephat Muthama Munywoki, was employed as a machine operator from November 2004 to March 1, 2008. He was dismissed on August 5, 2013, for refusing to acknowledge receipt of a warning letter. The dismissal was based on allegations of disrespectful language and refusal to follow check-in procedures.
Issues
- Whether the termination was unfair.
- Whether the claimant is entitled to the remedies as prayed for.
Reasoning
The court found the show-cause letter to be prophetic and the ground for termination different from the dismissal letter, thus the termination was unfair. The claimant's long service and previous warnings were considered, leading to the award of 6 months' salaries.
Outcome
Judgment entered for the claimant.
Orders
- The respondent to pay the claimant Kshs.101,430 by 01.08.2018.
- The respondent to pay the claimant's costs of the suit.
Remedies
- Declaration of unfair dismissal.
- 6 months' salaries.
- Service gratuity.
- 11,270 in lieu of notice.
Authorities cited
Legislation (2)
- Employment Act, 2007
- Section 41, 43, 35, 90
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