Phanice Naliaka v National Cereals and Produce Board [2022] KEELRC 846 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 846
- Citation
- [2022] KEELRC 846 (KLR)
- Decided
- 3 February 2022
Summary at a glance
TypeUnfair DismissalPostureAppeal from an original trial decisionCoramPresiding Judge
The court finds that the dismissal was substantively justified but procedurally unfair due to the lengthy disciplinary process.
Facts
The Claimant was employed by the Respondent from May 2006 to 2013. She was dismissed in June 2013 for alleged stock shortages, which she claimed were communicated to her employer after an audit.
Issues
- Whether the Claimant was wrongfully and unfairly dismissed
- Whether the Claimant is entitled to the reliefs sought
- Who bears the costs of the suit
Reasoning
The court held that the Respondent had valid reasons to dismiss the Claimant, but the disciplinary process was inefficient and took too long.
Outcome
The court dismissed the Claimant's claim for unfair dismissal but found that the dismissal was procedurally unfair.
Authorities cited
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