Paul Kitema v Kenya Power and Lighting Company Limited [2018] KEELRC 736 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 736
- Citation
- [2018] KEELRC 736 (KLR)
- Decided
- 2 November 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from an original trialCoramR.W.1, R.W.2, R.W.3
Holding
The court finds and holds that the respondent has failed to prove on a balance of probability that the Claimant misconducted himself in the manner stated in the dismissal letter.
Facts
Claimant was dismissed by respondent on 9.3.2015 for alleged misconduct including absconding duty on 5.8.2014 and refusal to receive Show Cause letter dated 11.8.2014. Claimant denied these allegations and produced evidence.
Issues
- Whether the dismissal was unfair.
- Whether the reliefs sought should be granted.
Reasoning
The court determined that the respondent did not prove the Claimant's misconduct and that the procedure followed was not fair.
Outcome
Claimant reinstated to employment
Orders
- Reinstatement to employment
Remedies
- Compensation for unfair dismissal
- 4 months' salary in lieu of notice
- Unpaid salary for February to April, 2015
- Certificate of Service
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.
Loading judgment…