Fredrick Alekwa Sakwa & 3 others v Mumias Sugar Company Limited [2019] KEELRC 789 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 789
- Citation
- [2019] KEELRC 789 (KLR)
Summary at a glance
Facts
The 2nd and 3rd Claimants were summarily dismissed from employment on April 26, 2016, for allegedly fraudulently requisitioning and carrying out a survey on some farmers' plots. They had been on suspension and given show cause letters. The 2nd Claimant was initially employed as a Field Assistant and later promoted to Field Superintended, while the 3rd Claimant was initially a Field Assistant and later promoted to Field Supervisor.
Issues
- whether the dismissal of the 2nd and 3rd Claimants was for valid reason and whether they were effected in terms of fair procedure
- whether the Claimants are entitled to replacement
Reasoning
The Court found that the 2nd and 3rd Claimants had discharged their onus under Section 47(5) of the Employment Act by demonstrating that their summary dismissal was wrongful. The Respondent failed to provide a valid reason for the dismissal.
Outcome
The Court ordered the reinstatement of the 2nd and 3rd Claimants without loss of wages and benefits.
Orders
- Reinstatement of the 2nd and 3rd Claimants without loss of wages and benefits
Authorities cited
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