Richard Ondiege Onyango v PZ Cussons East Africa [2018] KEELRC 188 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 188
- Citation
- [2018] KEELRC 188 (KLR)
- Decided
- 4 December 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial decisionCoramHon. Justice Hellen S. Wasilwa
Holding
The termination of the Claimant was unfair and unjustified, and he is entitled to damages.
Facts
The Claimant, Richard Onyango, was employed as a Store Worker by the Respondent, PZ Cussons East Africa, from October 8, 1992. He was dismissed on October 25, 2005, for alleged high degree of negligence. The Claimant alleged he was not given proper training on the new computer system and that he was dismissed without a proper disciplinary hearing.
Issues
- Whether the summary dismissal of the Claimant was fair and justified.
- Whether the Claimant is entitled to damages for unfair termination.
Reasoning
The Claimant did not commit gross misconduct, and the dismissal was based on a high degree of negligence which was not sufficient to justify summary dismissal.
Outcome
The Claimant is awarded an equivalent of 8 months' salary for unfair termination.
Orders
- Award of damages to the Claimant in the amount of 332,472/=.
- Payment of costs to the Respondent.
Remedies
- Damages for unfair termination.
Authorities cited
Legislation (2)
- Repealed Employment Act Cap 226 Laws of Kenya
- Collective Bargaining Agreement between the Respondent and the Kenya Chemical & Allied Worker Union (KCAWU)
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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