Mackenzie Maritime (EA) Ltd v Ngali (Appeal 31 of 2022) [2023] KEELRC 2391 (KLR) (29 September 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2391
- Citation
- [2023] KEELRC 2391 (KLR)
- Decided
- 29 September 2023
The dismissal was procedurally and substantively unfair, and the award of compensation is set aside. The court substitutes the equivalent of 7 months' salary as compensation for unfair termination of employment.
Facts
The Respondent, Ngali, was employed as a truck driver by the Appellant, Mackenzie Maritime (EA) Ltd. He was dismissed on February 1, 2021, and later appealed the dismissal. The Respondent claimed wrongful dismissal and sought compensation.
Issues
- Procedural fairness of dismissal
- Compensation for wrongful dismissal
Reasoning
The court found the dismissal procedurally unfair due to the lack of proof of the Respondent's involvement in the alleged theft. The court also considered the Respondent's previous disciplinary cases.
Outcome
The appeal is partly successful, and the trial court's judgment is set aside. The Respondent is awarded Kshs. 219,117 as compensation for unfair termination of employment.
Orders
- Judgment set aside
- Award of compensation substituted
Remedies
- Compensation of Kshs. 219,117
Authorities cited
Legislation (1)
- Employment Act
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