Amalgameted Union of Kenya Metal Workers v Associated Motors (Employment and Labour Relations Cause 58 of 2018) [2023] KEELRC 2289 (KLR) (29 September 2023) (Judgment)

Summary at a glance

Facts

The claimant, a mechanic, was dismissed by the respondent in January 2017 for driving a customer's car without authority and causing an accident. He had previously filed a case challenging redundancy.

Issues

• Whether the claimant was unlawfully terminated
• Whether the claimant is entitled to reinstatement or terminal dues

Reasoning

The respondent proved a valid reason for termination and followed the required procedural steps, thus the claimant's termination was fair.

Outcome

Dismissal of the claimant's suit

Orders

• Payment of kshs 28,775 for days worked in January 2017
• Payment of kshs 12,789 for unpaid leave days
• Each party to meet their own costs
• Interest on the above from due date till full payment

Authorities cited