Cyrus Kitolo Mwilu v Nakumatt Holdings Limited [2021] KEELRC 858 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 858
- Citation
- [2021] KEELRC 858 (KLR)
- Decided
- 30 September 2021
Summary at a glance
TypeEmployment DisputePostureClaimant's case against Respondent for wrongful dismissal and other claimsCoramSTELLA RUTTO
Termination of employment was unfair due to lack of proof of valid reasons
Facts
Claimant Cyrus Kitolo Mwilu was employed as a driver by Respondent Nakumatt Holdings Limited from February 2, 2012. He was accused of siphoning fuel from the truck he was assigned to drive, leading to his termination. He denied the allegations and claimed he was never fueled to full capacity.
Issues
- Fairness of termination
- Validity of reasons for termination
Reasoning
Employer failed to prove valid reasons for termination, as required by law. Employer did not participate in the trial process.
Outcome
Claimant awarded 4 months' salary in compensation and 1 month's salary in lieu of notice
Orders
- Judgment in favor of claimant
Remedies
- 4 months' salary in compensation
- 1 month's salary in lieu of notice
Authorities cited
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