Githendu v Transcend Media Group Limited (Cause 2606 of 2016) [2022] KEELRC 12896 (KLR) (13 October 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 12896
- Citation
- [2022] KEELRC 12896 (KLR)
- Decided
- 13 October 2022
Summary at a glance
TypeEmployment DisputePostureAppeal from an original trial decisionCoramLINNET NDOLO
The court found the dismissal to be lawful and fair, and ordered compensation and other remedies for the claimant.
Facts
The claimant, James Githendu, was dismissed by his employer, Transcend Media Group Limited, for non-remittance of National Hospital Insurance Fund (NHIF) dues for nine months. The claimant's bank agent, Ephantus Makhaya, allegedly converted the NHIF funds to his own use.
Issues
- Whether the claimant's dismissal was lawful and fair
- Whether the claimant is entitled to the remedies sought
- Whether the respondent has made out a proper counterclaim against the claimant
Reasoning
The court found that the claimant's dismissal was justified as gross misconduct due to non-remittance of NHIF dues for nine months, as evidenced by the bank agent's actions.
Outcome
Claimant's dismissal was found to be lawful and fair, and ordered to be compensated.
Orders
- 3 months' salary in compensation
- 2 months' salary in lieu of notice
- Salary for September 2016
- Leave pay for 15 days
Remedies
- Compensation
- Notice pay
- Back pay
- Leave pay
Authorities cited
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