Muthiwa v Tononoka Rolling Mills Limited (Cause 250 of 2017) [2023] KEELRC 1472 (KLR) (8 June 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1472
- Citation
- [2023] KEELRC 1472 (KLR)
- Decided
- 8 June 2023
The court finds that the Respondent had reasonable grounds to terminate the Claimant's contract due to stock loss, but the termination was not in accordance with due process.
Facts
The Claimant, Samuel Muthoka Muthiwa, was employed by the Respondent, Tononoka Rolling Mills Limited, as a clerk from December 2005. The employment ended on January 22, 2014, when the Respondent terminated the contract. The Claimant disputes the termination, alleging lack of valid reason and non-compliance with legal procedures.
Issues
- Whether the termination of the employment contract was lawful
- Whether the Claimant is entitled to compensation
Reasoning
The court determined that the Respondent's reason for termination was valid, but the lack of due process in the termination process rendered the decision invalid.
Outcome
The court dismissed the claim for compensation for wrongful termination.
Authorities cited
Legislation (1)
- Employment Act
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