Wells Fargo Ltd v Dzuta (Appeal 25 of 2020) [2023] KEELRC 1146 (KLR) (11 May 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1146
- Citation
- [2023] KEELRC 1146 (KLR)
- Decided
- 11 May 2023
The court found that the termination of the respondent’s employment was unfair and that the respondent is entitled to the reliefs sought in the trial court.
Facts
The respondent, Thomas Lwambi Dzuta, was employed by Wells Fargo Ltd as a day guard. He tested positive for cocaine on March 29, 2018, and the appellant (Wells Fargo Ltd) terminated his employment on allegations of insubordination and willful disobedience. The respondent requested a repeat test, which was conducted at Mombasa Hospital and returned a negative result.
Issues
- whether termination of the respondent’s employment was unfair
- whether the respondent is entitled to the reliefs sought in the trial court
Reasoning
The court determined that the termination was unfair due to the lack of disciplinary proceedings and the absence of a signed consent for a third drug test. The court also found that the respondent is entitled to the reliefs sought in the trial court.
Outcome
Affirmed
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