Kenatco Taxis Limited v Evans Adekhera Liuva [2021] KEELRC 2030 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2030
- Citation
- [2021] KEELRC 2030 (KLR)
- Decided
- 4 March 2021
Summary at a glance
The termination was unlawful and unfair, and the trial court's award of 12 months' salary in compensation is confirmed. The award for service pay is set aside.
Facts
Kenatco Taxis Limited employed Evans Adekhera Liuva as a driver. On April 9, 2018, Liuva allegedly diverted a customer to a third-party driver, leading to a disciplinary process and termination.
Issues
- Whether the termination was lawful and fair
- Whether the trial court erred in awarding 12 months' salary in compensation
- Whether the trial court erred in awarding service pay
Reasoning
The disciplinary process lacked a key witness, and the trial court's decision was based on the conflicting accounts of the events.
Outcome
Appeal successful to the extent that the award for service pay is set aside.
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