Paul Odhiambo Onyango & another v Kalu Works Limited [2020] KEELRC 1722 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1722
- Citation
- [2020] KEELRC 1722 (KLR)
- Decided
- 31 January 2020
The termination was found to be unfair due to the lack of a fair disciplinary process and the failure to prove the claimants' involvement in the alleged fraudulent transactions.
Facts
Paul Odhiambo Onyango and Christopher Kyalo Musau were former employees of Kalu Works Limited. They were terminated on 28th October, 2011, for alleged fraudulent transactions involving Kshs.264,874. They claimed unfair dismissal and sought compensation.
Issues
- Whether the termination was valid procedurally and substantively
- Whether the claimants are entitled to the reliefs sought
Reasoning
The court found that the claimants were not taken through a fair disciplinary process as required by the Employment Act, 2007. The respondent failed to prove that the claimants were the ones who caused the loss.
Outcome
The termination was declared unfair, and the claimants were awarded one month's salary in lieu of notice.
Remedies
- One month's salary in lieu of notice
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (2)
- Kenya Plantation & Agricultural Workers Union Vs Finlays Flowers (K) Limited & Another (2019) eKLR
- Walter Ogal Anuro –v- Teachers Service Commission (2013) eKLR
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