Benard Anditi Marera v Kibos Sugar and Allied Industries [2019] KEELRC 2215 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2215
- Citation
- [2019] KEELRC 2215 (KLR)
- Decided
- 21 February 2019
Summary at a glance
TypeUnlawful DismissalPostureAppeal from an original trial decisionCoramHon. Justice Mathews N. Nduma
The court found that the claimant was dismissed for a valid reason and in terms of a fair procedure, and thus the claimant is not entitled to the reliefs sought.
Facts
The claimant was employed by the respondent on 16 June 2008 as a plant operator. He was dismissed on 15 April 2013 without any reason given and without following a fair procedure. He was reinstated on 4 April 2015 after an accident, but was dismissed again on 30 May 2015.
Issues
- Whether the employment of the claimant was terminated for a valid reason and in terms of a fair procedure.
- Whether the claimant is entitled to the reliefs sought.
Reasoning
The court considered the evidence and found that the claimant was dismissed for an accident he caused, and the dismissal was fair and in accordance with the law.
Outcome
The claimant's appeal was dismissed.
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