Jephas Omondi Onyango v Saifee Silvering Company Limited [2019] KEELRC 2461 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2461
- Citation
- [2019] KEELRC 2461 (KLR)
Summary at a glance
TypeUnfair DismissalPostureAppeal from original trialCoramPresiding Judge
The dismissal was unfair and unlawful due to the lack of a fair procedure before the dismissal.
Facts
The claimant was employed as a General Labourer by the respondent from 1.3.2013 to 12.8.2014. He was dismissed on 12.8.2014 for refusing to load glass in a vehicle and using abusive language to his supervisor.
Issues
- Whether the dismissal was fair
- Whether the claimant is entitled to the reliefs sought
Reasoning
The claimant committed gross misconduct by refusing to obey a lawful command from his supervisor and using abusive language. The respondent did not provide a disciplinary hearing before dismissing the claimant.
Outcome
The claimant is awarded one month salary in lieu of notice plus 3 months salary compensation for the unfair dismissal.
Orders
- Notice of 11,920
- Compensation of 35,760
Remedies
- Salary for the reminder of the contract term and salary after the dismissal is dismissed
Authorities cited
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