Pius Kimeu Kiilu v Metal Crowns Limited [2019] KEELRC 1390 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1390
- Citation
- [2019] KEELRC 1390 (KLR)
- Decided
- 14 June 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureClaimant's ClaimCoramLady Justice Maureen Onyango
Holding
The court finds that the termination was unfair due to the lack of a proper disciplinary hearing and the absence of a policy stating the factory was a meat-free zone.
Facts
The claimant was dismissed by the respondent on August 1, 2013, for bringing meat food into the factory, which was a meat-free zone. The claimant denied the accusation and was subsequently terminated without a hearing.
Issues
- Unfair dismissal
- Constructive dismissal
- Disciplinary hearing requirements
Reasoning
The Employment Act requires an oral hearing in the presence of a union official or another employee, which was not provided in this case. The court also notes that the Employment Act was in effect at the time of the dismissal.
Outcome
The court dismisses the claimant's claim for unfair dismissal.
Authorities cited
Legislation (2)
- Employment Act 2007
- International Labour Organization Convention 158 of 1982
Cases cited (1)
- Kenya Revenue Authority v. Menginya Salim Murgani (2010) eKLR
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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