Ratemo v Uzuri Foods Limited (Cause 1724 of 2017) [2022] KEELRC 3889 (KLR) (16 September 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3889
- Citation
- [2022] KEELRC 3889 (KLR)
- Decided
- 16 September 2022
The court found that the respondent had a valid reason to dismiss the claimant, as evidenced by the overall being traced to Tony, who the claimant admitted giving out an overall to. The claimant was found culpable and was ordered to pay one month's salary in lieu of notice and interest on the award.
Facts
The claimant, Jared Nyakweba Ratemo, was employed by Uzuri Foods Limited as a boiler operator. He was dismissed on October 15, 2016, on the grounds of stealing an overall belonging to his colleague Matthew Kyalo. The claimant denied taking the overall and claimed his dismissal was unfair.
Issues
- Whether the respondent had a valid and fair reason to dismiss the claimant from employment
- Whether the respondent complied with the procedural requirements in eecting the claimant’s dismissal
- Is the claimant entitled to the reliefs sought?
Reasoning
The court determined that the claimant was culpable for the loss of the overall, as he admitted to giving it to his friend Tony and admitted to Tony buying him lunch. The court found that the respondent had a valid reason to dismiss the claimant.
Outcome
The claimant was ordered to pay one month's salary in lieu of notice and interest on the award.
Orders
- One (1) month's salary in lieu of notice being Kshs 20,300.00.
- The total award is Kshs 81,200.00.
- Interest on the amount in (c) at court rates from the date of judgement until payment in full.
Remedies
- The claimant shall also have the costs of the suit.
Authorities cited
Legislation (2)
- Employment Act
- Civil Procedure Act
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