Genga v Kenya Pipeline Company Limited (Cause E035 of 2021) [2022] KEELRC 13440 (KLR) (8 December 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 13440
- Citation
- [2022] KEELRC 13440 (KLR)
- Decided
- 8 December 2022
Summary at a glance
TypeUnfair TerminationPostureClaimant seeks reinstatement and compensation, Respondent seeks dismissalCoramHS WASILWA
Dismissal is unfair and compensation awarded
Facts
Claimant was dismissed on 16th February, 2021 for alleged negligence of duty. She was arrested and arraigned in court for stealing petroleum products. She was suspended and later found guilty of negligence of duty in a disciplinary hearing.
Issues
- Validity of dismissal reasons
- Right to be heard
- Reinstatement vs Compensation
Reasoning
Claimant was given a fair hearing but the reasons for dismissal were not valid. She is entitled to compensation and terminal benefits.
Outcome
Claimant awarded compensation and terminal benefits
Orders
- Compensation of 1,771,282/= for unfair dismissal
- Payment of terminal and retirement benefits
- Award of costs and interest
Remedies
- Compensation for unfair dismissal
- Payment of terminal and retirement benefits
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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