Kenya Union of Commercial, Food and Allied Workers v Del Monte (K) Ltd [2019] KEELRC 1617 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1617
- Citation
- [2019] KEELRC 1617 (KLR)
- Decided
- 20 May 2019
Summary at a glance
TypeLabour DisputePostureAppeal from the original trialCoramNzioki wa Makau
The termination was fair and the Grievant is entitled to Kshs. 10,000/- for the days worked and Kshs. 19,793.76 for pro rata leave.
Facts
The Grievant, Gerald Okiri Ogubi, was employed by Del Monte (K) Ltd as a seasonal employee earning Kshs. 137/= per hour. He was transferred to the weighbridge department and worked there for 4 years. Allegedly, he accepted a bribe from a customer to let her leave with excess pineapple pulp.
Issues
- Unfair termination of employment
- Payment in lieu of notice
- Compensation for days worked
- Pro rata leave
- Costs of the suit
Reasoning
Due procedure was followed, and the Grievant was given a chance to explain his side. The Respondent proved the reason for the termination and followed fair procedure.
Outcome
Allowed to this extent
Orders
- Kshs. 10,000/- for the days worked
- Kshs. 19,793.76 pro rata leave
- Kshs. 20,000/- costs of the suit
Remedies
- Interest on the sums in a) and b) at court rates above from the date of filing suit till payment in full
- The sums in a) and b) above to be subjected to statutory deductions
Authorities cited
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