Augustus Masyuki Mbaluka v Kenya Kazi Security Limited [2019] KEELRC 208 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 208
- Citation
- [2019] KEELRC 208 (KLR)
- Decided
- 5 December 2019
Summary at a glance
TypeEmployment DisputePostureClaimant's Claim for Gratuity, Unpaid Salary, Salary in Lieu of Notice, Severance Pay, and CostsCoramRichard M. Makori
The dismissal was wrongful and unfair due to the lack of solid basis for determining the Claimant's culpability without the full outcome of investigations.
Facts
Claimant was employed by Respondent from February 28, 2001, and was dismissed on September 17, 2013, for negligence in duty performance. The incident involved an attack on the yard, and the Claimant was suspended before dismissal.
Issues
- Whether the dismissal was lawful and fair
- Whether the Claimant is entitled to the remedies sought
Reasoning
The dismissal was based on negligence of duty, but the Respondent rushed to a conclusion without solid evidence, leading to a wrongful and unfair dismissal.
Outcome
The dismissal was found to be wrongful and unfair.
Remedies
- Gratuity for 152 months
- Unpaid salary for 12 days worked in September 2013
- 1 month's salary in lieu of notice
- Severance pay for 152 months
- Costs plus interest
Authorities cited
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