Pius Sitati Mabaku v Devyani Food Industries Kenya Limited (Formerly Sameer Agriculture and Livestock Limited) [2022] KEELRC 983 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 983
- Citation
- [2022] KEELRC 983 (KLR)
- Decided
- 26 January 2022
Summary at a glance
TypeEmployment DisputePostureRespondent's Motion for Summary JudgmentCoramNyamu, Nzioki Wa Makau, Onyango, Radido
The Court finds that the Respondent has discharged the burden of proof that it had a valid and fair reason to terminate the contract of service.
Facts
Claimant was employed as a Dispatch Supervisor by Respondent from September 29, 2015 to September 30, 2018. Claimant was terminated on October 28, 2016 without justification or fair hearing. Claimant alleged the termination was unfair and sought compensation.
Issues
- Whether the termination was fair
- Whether the Claimant is entitled to the reliefs sought
Reasoning
The Court found that the Respondent had a valid reason for terminating the contract due to the loss of 184 cartons of stock. The procedural steps were not followed as required by the Employment Act.
Outcome
Affirmed
Authorities cited
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