Philip N. Mulwa v African Apparels Epz Limited [2018] KEELRC 2302 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2302
- Citation
- [2018] KEELRC 2302 (KLR)
- Decided
- 16 February 2018
The court finds the dismissal unfair in terms of procedure and orders compensation and reinstatement.
Facts
Claimant Philip N. Mulwa was employed as a store assistant in-charge by respondent African Apparels Epz Limited. The claimant was dismissed on 11th January, 2010, for allegedly losing 7 rolls of fabric. The claimant denied the accusation, but the respondent claimed he was dismissed for theft.
Issues
- Whether the dismissal was fair in terms of procedure
- Whether the dismissal was fair in terms of just cause
Reasoning
The court found that the dismissal was unfair because the claimant was not given an opportunity to explain the loss of fabric before being dismissed. The court also noted that the dismissal letter did not disclose whether a discussion took place.
Outcome
Claimant awarded one month's salary in lieu of notice, seven days wages for January 2010, six months salary as compensation for unfair termination, and costs of the suit.
Orders
- One month's salary in lieu of notice
- Seven days wages for January 2010
- Six months salary as compensation for unfair termination
- Costs of the suit
Remedies
- Compensation and reinstatement
Authorities cited
Legislation (1)
- Employment Act
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