Antony Musyoka Musembi v Nairobi Ironmongers Limited [2019] KEELRC 1553 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1553
- Citation
- [2019] KEELRC 1553 (KLR)
- Decided
- 24 May 2019
Summary at a glance
TypeUnlawful TerminationPostureAppeal from a decision of the Employment and Labour Relations CourtCoramHon. Lady Justice Maureen Onyango
The Court finds that the termination was unfair and unlawful.
Facts
The Claimant was employed by the Respondent as a grader on 25 January 2007. He was terminated on 19 August 2014 without a reason, and later claimed he was chased away by the Director. The Respondent claimed he was dismissed for theft and desertion.
Issues
- Whether the Claimant was unfairly and unlawfully terminated
- Whether the Claimant is entitled to the remedies sought
- Whether there was a valid reason for termination
Reasoning
The Court rules that the Respondent failed to provide a valid reason for termination and did not follow proper procedures, leading to an unfair dismissal.
Outcome
The Court dismisses the suit with costs.
Remedies
- Damages for unlawful termination
- Payment of terminal dues
Authorities cited
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