Anthony Mbugua Kamau v Nairobi City Water and Sewerage Company [2021] KEELRC 123 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 123
- Citation
- [2021] KEELRC 123 (KLR)
- Decided
- 10 December 2021
Summary at a glance
The Court finds that the Respondent had a valid reason for termination, but due procedure was not followed.
Facts
The Claimant was employed by Nairobi City Water and Sewerage Company from 1996 to 2009. He was summarily dismissed on February 5, 2009, on the grounds of 'loss of trust.' The Claimant appealed the dismissal, but the appeal was unsuccessful. The Claimant seeks compensation for wrongful termination.
Issues
- Whether the termination was valid procedurally and substantively
- Whether the Claimant is entitled to the reliefs sought
Reasoning
The Court determined that the Respondent had a valid reason for termination based on 'loss of trust,' but the dismissal was not conducted in accordance with the Employment Act's requirements.
Outcome
The Court upholds the termination but orders the Respondent to pay the Claimant severance pay and other compensation.
Orders
- Severance pay for the years worked
- Unpaid salary for the period February 2009 to October 2012
- Unpaid end year bonus for 6 years
- General damages for unlawful and unfair termination
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