Cargill Kenya Limited v Wilson Onywoki Nyakeruma [2021] KEELRC 89 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 89
- Citation
- [2021] KEELRC 89 (KLR)
- Decided
- 15 December 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment and decree of the Nakuru Chief Magistrates CourtCoramHON. LADY JUSTICE HELLEN WASILWA
Holding
The dismissal was found to be unfair and unjustified, and the trial court's award of 12 months salary as compensation for unfair termination is affirmed, with the house allowance underpayment corrected.
Facts
The Respondent was employed by Lesiolo Grain Handlers Limited as a quality analyst and later transferred to Cargill Kenya Limited. He was dismissed for misconduct and poor performance.
Issues
- unfair dismissal
- disciplinary process
- notice of termination
- housing allowance
- compensation
Reasoning
The court found that the Respondent was not given a proper disciplinary process and that the reason for dismissal was not established. The court also found that the trial court's award for housing allowance was unjustified.
Outcome
Appeal allowed, judgment set aside, compensation reduced, and costs awarded to the Appellant.
Orders
- 1 month salary in lieu of notice
- 12 months salary as compensation for unfair termination
- Underpaid house allowance of 59,665.75/=
- Certificate of service issued to the Respondent
Authorities cited
Legislation (1)
- Employment Act, 2007
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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