Charles Samson Namusasi v West Kenya Sugar Company Ltd [2019] KEELRC 1880 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1880
- Citation
- [2019] KEELRC 1880 (KLR)
- Decided
- 29 March 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from a decision of the Employment and Labour Relations CourtCoramWasilwa
Holding
The Court found that the termination of employment was not for a valid reason and was not done in terms of a fair procedure.
Facts
The Claimant, Charles Samson Namusasi, was employed by West Kenya Sugar Company Ltd as a Cane Yard Supervisor from 1990 to 2010. He was dismissed on 9th April, 2010, and sought compensation for unlawful and unfair dismissal.
Issues
- Whether the termination of employment was for a valid reason(s) and done in terms of a fair procedure.
- Whether the Claimant is entitled to the reliefs sought.
Reasoning
The evidence contradicted the findings in the report produced before court, which found the Claimant negligent. The accident happened after the change of shift, not before.
Outcome
The Court found in favor of the Claimant.
Orders
- Payment of Kshs 94,944 in lieu of three (3) months notice.
- Payment of salary in lieu of 3 months notice.
- Payment of severance pay.
- Payment of underpayments from 1st November 2013.
- Payment of damages for injured feelings.
- Payment of certificate of service.
- Award of costs of the suit.
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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