Ongera v Transebel Ltd (Branan Flowers) (Cause 2175 of 2017) [2023] KEELRC 240 (KLR) (7 February 2023) (Judgment)

Summary at a glance

Facts

The Claimant, Gesura Ongera, was employed by the Respondent, Transebel Ltd (Branan Flowers), as a general worker from July 18, 2001. He was dismissed on September 4, 2015, for theft of company property. The Claimant denied the accusation and demanded evidence and a chance to present his case.

Issues

• Whether termination of the Claimant’s employment was fair and lawful.
• Whether the Claimant waived his right to pursue further claims against the Respondent.
• Whether the Claimant is entitled to the reliefs sought.

Reasoning

The Court found that the Respondent failed to provide valid reasons for the termination and did not follow the required fair procedure.

Outcome

The Claimant's termination was found to be unfair and unlawful.

Orders

• A declaration that the Respondent’s dismissal of the Claimant from employment was unlawful/unfair and unjustified.
• An order for the Respondent to pay the Claimant his due terminal benefits and compensatory damages totalling Kshs.2,241,001/= with interest from the date of judgment till payment in full.

Remedies

• Declaration of unfair dismissal
• Compensatory damages and terminal benefits

Authorities cited