Nyariro v Kenya Power & Lighting Co. Ltd (Cause E053 of 2021) [2022] KEELRC 1475 (KLR) (30 June 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1475
- Citation
- [2022] KEELRC 1475 (KLR)
- Decided
- 30 June 2022
Summary at a glance
TypeEmployment DisputePostureClaimant seeks reinstatement and damages, Respondent denies claimCoramCN BAARI
The termination was unfair as the Claimant was not afforded procedural fairness as required by Section 41 of the Employment Act, 2007.
Facts
Claimant was employed by Respondent from 2005 as a casual labourer, then on fixed-term contracts until 2017, when he was employed on permanent terms as an artisan mate assistant. He was terminated in October 2020 for replacing 246 non-vending meters.
Issues
- Whether the termination was unfair
- Whether the Claimant is entitled to the reliefs sought
Reasoning
The court found that the Respondent did not comply with the statutory requirements of Section 41 of the Employment Act, 2007, which mandates the employer to explain the reason for termination, allow representation, and hear the employee's explanations.
Outcome
The Claimant is not entitled to reinstatement or damages, but the Respondent is ordered to pay the retained sum of the unreturned meters.
Orders
- The Claimant is not entitled to reinstatement or damages
- The Respondent is ordered to pay the retained sum of the unreturned meters
Authorities cited
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