Nyamu v Kenya Electricity Generating Company Limited (Employment and Labour Relations Cause 1915 of 2017) [2023] KEELRC 2672 (KLR) (27 October 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2672
- Citation
- [2023] KEELRC 2672 (KLR)
- Decided
- 27 October 2023
Summary at a glance
TypeEmployment DisputePostureAppeal from an original trial decisionCoramAN MWAURE
The Court found the termination unjustified and ordered the Respondent to reinstate the Claimant
Facts
Claimant Mary Wanjiru Nyamu alleged that she was unjustifiably dismissed by Respondent Kenya Electricity Generating Company Limited. She claimed she was on official duty when she applied for leave and was reimbursed for travel expenses. The Respondent alleged fraud and dismissed her summarily.
Issues
- Whether the Claimant's termination was substantially justified
- Procedural fairness of the disciplinary process
Reasoning
The Court held that the Respondent failed to prove a valid reason for dismissal and that the termination was not procedurally fair.
Outcome
The Respondent is ordered to reinstate the Claimant
Orders
- Reinstatement of Claimant Mary Wanjiru Nyamu
Authorities cited
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