Owiyo v Repelectric (K) Ltd (Employment and Labour Relations Cause 2400 of 2017) [2023] KEELRC 1636 (KLR) (6 July 2023) (Judgment)

Facts

The claimant, Ochieng Owino, was employed as a technician by Repelectric (K) Ltd. on June 1, 2005. He was terminated on July 13, 2017, without just cause, and was told he was working for a competitor. The claimant alleged he was maliciously and unlawfully terminated. The respondent claimed the claimant was passing trade secrets to a competitor and was grossly negligent.

Issues

1. Whether the claimant was unlawfully terminated from his employment with the respondent.
2. Whether the claimant is entitled to the reliefs sought.

Reasoning

The respondent had valid reasons to terminate the claimant, and they attempted to follow the right procedure. However, the claimant's failure to cooperate made it impossible to conduct the disciplinary hearing strictly in accordance with the Employment Act. The court orders the respondent to pay the claimant July 2017 salary and interest, but not service pay.

Outcome

Dismissal of the claimant's case

Authorities cited