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Joel Iseme Wasike v Defence Forces Canteen Organisation [2019] KEELRC 1182 (KLR)

[2019] KEELRC 1182 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1182
Citation
[2019] KEELRC 1182 (KLR)
Decided
12 July 2019
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeWrongful dismissalPostureAppeal from an original trial decisionCoramRadido Stephen
The Court finds the dismissal unfair and awards the Claimant pay in lieu of notice and compensation.

Facts

The Claimant was appointed as a Trainee Storeman by the Respondent in 1996. In 2014, he was suspended without pay and later dismissed for irregularly releasing scotch whisky to another storeman.

Issues

  • Substantive fairness
  • Procedural fairness

Reasoning

The Court found the Respondent did not follow the statutory requirements for procedural fairness and that the dismissal was not in accord with justice and equity.

Outcome

Claimant wins

Orders

  • Pay in lieu of notice Kshs 33,376/-
  • Compensation Kshs 400,512/-

Remedies

  • Pay in lieu of notice
  • Compensation

Authorities cited

Legislation (1)
  • Employment Act, 2007
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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