Kashero v Five Forty Aviation Limited (Cause 2097 of 2017) [2023] KEELRC 2368 (KLR) (5 October 2023) (Judgment)

Summary at a glance

Facts

The Claimant, Brian Nsau Kashero, was dismissed by the Respondent, Five Forty Aviation Limited, on 14th August, 2017. The Claimant alleged unfair dismissal due to an alleged bribe given to a pilot, while the Respondent claimed the dismissal was due to the Claimant's alcohol intoxication.

Issues

• Whether termination of the Claimant’s employment was unfair.
• Whether the Claimant is entitled to the reliefs sought.

Reasoning

The Court found that the Respondent failed to prove the reasons for termination and that the grounds were not justifiable.

Outcome

The Court declared the termination of employment as unfair.

Orders

• The Court declared the termination of employment as unfair.
• The Court ordered the reinstatement of the Claimant without loss of benefits or in the alternative, payment of benefits amounting to Kshs.4,079,499/=

Remedies

• Reinstatement without loss of benefits.
• Payment of benefits amounting to Kshs.4,079,499/=

Authorities cited