Jane Nalonja Rutto v New Kenya Cooperative Creameries Limited [2022] KEELRC 242 (KLR)

Summary at a glance

Facts

Claimant was employed as a Production Manager by the Respondent from April 26, 2004 until March 22, 2018. She was dismissed for allegedly failing to follow due procedure when she loaded 900 cartons of Gold Crown TFA and 400 cartons of Gold Crown 200ml Els on a vehicle without a STO, leading to a loss of Kshs 840,000.

Issues

• Whether the reason for termination was valid and fair.
• Whether fair procedure was followed before termination.
• Whether the claimant is entitled to the orders sought.

Reasoning

The court holds that the claimant did not owe a duty of care to follow a specific procedure for the dispatch of the consignment, and that the STO could not guarantee the loss of goods.

Outcome

The court declares the termination unlawful, unfair, and unprocedural.

Orders

• A declaration that the termination of claimant from service was unlawful, unfair, unprocedural and a fundamental violation of the rights of the claimant.
• Terminal dues as tabulated herein below.
• A maximum compensation as per section 49(c) of the Employment Act.
• A certificate of service as per section 51 of the Employment Act.
• Costs and interest of this suit.

Remedies

• A declaration that the termination of claimant from service was unlawful, unfair, unprocedural and a fundamental violation of the rights of the claimant.
• Terminal dues as tabulated herein below.
• A maximum compensation as per section 49(c) of the Employment Act.
• A certificate of service as per section 51 of the Employment Act.
• Costs and interest of this suit.

Authorities cited