Wachoro v Ellams Products Limited (Cause 1470 of 2017) [2023] KEELRC 1180 (KLR) (18 May 2023) (Judgment)

Facts

The Claimant, Gedio M. Wachoro, was employed by the Respondent, Ellams Products Limited. The Claimant alleged that he was suspended indefinitely by the Respondent, while the Respondent claimed he was summarily dismissed for desertion of duty. The Claimant sought a declaration that his suspension was invalid and compensation for lost wages.

Issues

1. How the separation in employment between the Claimant and the Respondent occurred
2. Whether the termination was fair
3. Whether the Claimant is entitled to the reliefs sought

Reasoning

The Court found that the Claimant did not discharge his legal burden under section 47[5] of the Employment Act, and the Respondent made an admission that it discharged the Claimant from employment summarily.

Outcome

The Claimant's claim for reinstatement and payback is abandoned. The Claimant is awarded KShs. 53,306 in terminal dues and KShs. 183,672 in damages for unfair termination.

Authorities cited