H Young and Company (East Africa) Limited v Kasina (Civil Appeal E39 of 2019) [2022] KEELRC 13005 (KLR) (27 October 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 13005
- Citation
- [2022] KEELRC 13005 (KLR)
- Decided
- 27 October 2022
Summary at a glance
TypeCivil AppealPostureAppeal from a judgment and decree of the Magistrate's CourtCoramMN NDUMA
The appeal is dismissed, and the respondent is awarded Kshs 45,022 in lieu of one-month notice, equivalent of nine (9) months salary in compensation for the unlawful and unfair summary dismissal, and costs.
Facts
The respondent, Joseph Kasina, was employed by the appellant, H Young and Company (East Africa) Limited, as a Prime Mover Driver. He was suspended and later terminated for alleged theft, but the allegations were never proved. The termination was found to be unlawful and unfair.
Issues
- Unlawful and unfair termination
- Excessive damages awarded
- Gratuity award
Reasoning
The Court found the termination unlawful and unfair, and awarded compensation for the loss of employment. The award of damages was set aside.
Outcome
Appeal dismissed
Orders
- Kshs 45,022 in lieu of one-month notice
- Equivalent of nine (9) months salary in compensation for the unlawful and unfair summary dismissal
- Interest at court rates from the date of this judgment till payment in full
- Costs of the suit in the lower court and this court
- Appellant to grant the respondent certificate of service within 30 days of this judgment
Remedies
- Compensation for unlawful and unfair termination
- Notice of employment
- Interest on compensation
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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