Faith Gacheri v Gold Key Casino Limited [2018] KEELRC 2170 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2170
- Citation
- [2018] KEELRC 2170 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaimant seeks compensation for unfair termination, Respondent denies termination and claims fair dismissalCoramONESMUS MAKAU, LINNET NDOLO
Holding
The dismissal was unfair as the employer failed to prove the presence of Kshs.500,000 in the safe when the claimant opened it on the material date.
Facts
Claimant was employed as a Secretary/Banking Agent until December 31, 2015 when she was summarily dismissed. She was accused of stealing Kshs.500,000 from the manager's safe on December 14, 2015. She denied the accusation and was suspended.
Issues
- Whether the claimant's employment contract was unfairly terminated
- Whether she is entitled to the reliefs sought
Reasoning
The court found that the employer did not prove the presence of Kshs.500,000 in the safe when the claimant opened it, and thus the dismissal was unfair.
Outcome
Judgment for the claimant in the sum of Kshs.339,000 plus costs and interest from the date of the judgment.
Authorities cited
Legislation (2)
- Employment Act
- Section 45 of the 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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