Kimemia v East African Breweries Limited & 2 others (Cause 212 of 2020) [2023] KEELRC 1837 (KLR) (27 July 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1837
- Citation
- [2023] KEELRC 1837 (KLR)
- Decided
- 27 July 2023
The Court found that the disciplinary process leading to the termination of the Claimant's contract of service was not lawfully conducted, as it was conducted by entities other than the 1st Respondent (East African Breweries Limited). The Court also found that the disciplinary proceedings were not conducted in accordance with the Employment Act.
Facts
The Claimant, James Kimemia, was employed by East African Breweries Limited and Kenya Breweries Limited as a Process Clerk. He was suspended and later terminated due to an incident of attempted theft at the workplace. The Claimant appealed the termination but was not considered. The Respondents are alleged to be aliate companies.
Issues
- Whether the parties had an employment relation and if yes, whether the relation was lawfully terminated.
- Whether the parties are entitled to the reliefs that they seek through their respective pleadings.
Reasoning
The Court determined that the disciplinary process was not conducted by the 1st Respondent and that the disciplinary proceedings were not conducted in accordance with the Employment Act, thus rendering the termination decision invalid.
Outcome
The Court found the termination decision invalid and ordered the reinstatement of the Claimant's contract of service.
Orders
- Reinstatement of the Claimant's contract of service
Remedies
- Reinstatement of the Claimant's contract of service
Authorities cited
Legislation (1)
- Employment Act
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