Aggrey Ateya Musanga v Ken Knit (K) Ltd [2019] KEELRC 2602 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2602
- Citation
- [2019] KEELRC 2602 (KLR)
- Decided
- 28 November 2019
The termination of employment was not fair as there was no valid reason to terminate the Claimant's service. The Claimant was ordered to be paid one month's salary in lieu of notice, salary for the period in suspension, and costs of the suit.
Facts
Claimant was employed by Respondent from March 2000 until December 2013. He was suspended on December 6, 2013, and later reinstated. The Claimant was accused of siphoning fuel from the vehicle he was in charge of.
Issues
- whether the termination of employment was fair
- the amount of compensation to be paid to the Claimant
Reasoning
The court found that the police investigation did not link the Claimant with the theft of fuel, and the respondent's decision to reinstate the Claimant was an admission that there was no valid reason to terminate his service. However, the Claimant's failure to resume duties mitigated the respondent's blameworthiness.
Outcome
Claimant wins
Orders
- Claimant to be paid one month's salary in lieu of notice
- Claimant to be paid salary for the period in suspension
- Claimant to be paid costs of the suit
Remedies
- Compensation for one month's salary in lieu of notice
- Compensation for salary during suspension
- Payment of legal costs
Authorities cited
Legislation (1)
- Employment Act
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