Kyusya v Scarce Commodities Ltd (Cause 392 of 2017) [2023] KEELRC 2567 (KLR) (19 October 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2567
- Citation
- [2023] KEELRC 2567 (KLR)
- Decided
- 19 October 2023
Summary at a glance
TypeEmployment DisputePostureAppeal from an original trial decisionCoramAK NZEI, Ndolo
The termination was found to be unfair due to lack of substantive justification and procedural fairness.
Facts
Richard Mutua Kyusya was employed by Scarce Commodities Ltd as a driver. He was terminated on allegations of theft on 30/8/2016. He sought declarations, compensation, and other reliefs.
Issues
- whether termination was unfair
- Claimant's entitlement to the reliefs sought
Reasoning
The court found that the dismissal letter did not provide a valid reason for termination and that the employer did not follow the mandatory procedure required by the Employment Act.
Outcome
The court found in favor of the Claimant, declaring the termination unfair and awarding compensation.
Orders
- Declaration of unfair termination
- Payment in lieu of notice
- Overtime pay
- Severance pay
- General damages
- Costs of the claim
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…