Alex Gikonyo Kiniaru v Uwezo Microfinance Bank [2022] KEELRC 259 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 259
- Citation
- [2022] KEELRC 259 (KLR)
- Decided
- 31 March 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeWrongful DismissalPostureAppeal from original trial
Holding
The Claimant's dismissal was substantively and procedurally unfair, and he is entitled to compensation.
Facts
The Claimant, Alex Gikonyo Kiniaru, was dismissed by Uwezo Microfinance Bank on allegations of fraud and poor performance. He denied the allegations and claimed damages.
Issues
- Whether the Claimant's dismissal was lawful and fair
- Whether the Claimant is entitled to the remedies sought
Reasoning
The dismissal was substantively and procedurally unfair due to lack of evidence and procedural fairness. The Claimant was not given an opportunity to respond to the allegations.
Outcome
Judgment in favor of the Claimant
Orders
- 6 months' salary in compensation
- 1 month's salary in lieu of notice
- Leave pay
- Salary for July 2016
- Declined house allowance and claims for severance pay, punitive and aggravated damages
Remedies
- Compensation for 6 months' salary
- Compensation for 1 month's salary in lieu of notice
Authorities cited
Legislation (1)
- Employment Act
Cases cited (1)
- Kenya Union of Commercial Food and Allied Workers Union v Meru North Farmers Sacco Limited (2014) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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