Joseph Odongo Owando v Marie Stopes Kenya [2020] KEELRC 1700 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1700
- Citation
- [2020] KEELRC 1700 (KLR)
- Decided
- 7 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureClaimant seeks reinstatement and compensation for unfair dismissal
Holding
Summary dismissal was procedurally unfair
Facts
Claimant was employed as a driver by Respondent from 1997 to 2013. Respondent terminated his employment on August 29, 2013, without notice, citing non-compliance with vehicle regulations and refusal to inform the Logistics Officer about staying overnight in Nairobi.
Issues
- whether the dismissal was unfair
- whether the dismissal was procedurally fair
Reasoning
The dismissal lacked procedural fairness as evidenced by the lack of a disciplinary procedure manual, failure to inform the claimant of the charges, and the absence of a statement of charges in the letter of suspension.
Outcome
Claimant awarded one month's salary in lieu of notice (Kshs.55,150) and compensation for unfair dismissal
Remedies
- One month's salary in lieu of notice
Authorities cited
Legislation (2)
- Employment Act
- Labor Relations Act
Cases cited (2)
- Samsung Electronics East Africa Ltd v K M
- Iyego Farmers Co-operative Sacco v Kenya Union of Commercial Food and Allied Workers
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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