Patrick Ngugi Mwaura v Oxide Masters Limited & another [2020] KEELRC 1575 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1575
- Citation
- [2020] KEELRC 1575 (KLR)
- Decided
- 24 February 2020
Summary at a glance
TypeUnfair and Unlawful DismissalPostureAppeal from the original trial outcomeCoramNzioki wa Makau
The dismissal was found to be unlawful and unfair as the employer failed to prove the reason for the termination and did not follow fair procedure.
Facts
The Claimant was employed by the Respondents as a packaging and mixing personnel. He was dismissed without notice and without following due process. He claimed wrongful termination and non-payment of salaries.
Issues
- Unlawful dismissal without notice
- Failure to follow due process
- Validity of dismissal for missing a meeting and absconding from work
Reasoning
The law requires that prior to dismissal for misconduct an employee be heard and his representations considered. The failure to produce the minutes of the alleged meeting clearly indicates there was no adherence with Section 41 of the Employment Act.
Outcome
Judgment for the Claimant against the 1st Respondent for one month's salary in lieu of notice, three months' salary as compensation, certificate of service, costs of the suit, and interest at court rates.
Orders
- The 2nd Respondent's name is struck off the proceedings with no order as to costs.
Remedies
- One month's salary in lieu of notice
- Three months' salary as compensation
- Certificate of service
- Costs of the suit
- Interest at court rates
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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