Burugu v Nairobi Bottlers Ltd (Cause 499 of 2019) [2023] KEELRC 2679 (KLR) (27 October 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2679
- Citation
- [2023] KEELRC 2679 (KLR)
- Decided
- 27 October 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial
Holding
The Court found that the Respondent had a valid reason to terminate the employment, but the termination was not fair due to procedural irregularities.
Facts
The Claimant, Mr. Burugu, was employed as a driver by Nairobi Bottlers Ltd. from April 1, 2019. He was summarily dismissed on July 11, 2017, for receiving excessive allowances on daily and night deliveries. He claimed wrongful termination and sought damages.
Issues
- Whether the Respondent had a valid and fair reason to terminate the employment of the Claimant.
- Whether the Claimant’s termination was in accordance with fair procedure.
- Is the Claimant entitled to the reliefs sought?
Reasoning
The Court applied the Employment Act to determine that the Respondent had a valid reason to terminate the employment. However, the termination was not fair due to the lack of proper procedural steps.
Outcome
The Court declared the termination unfair and ordered the Respondent to pay the Claimant Kshs 406,254.18 in damages.
Orders
- The Respondent shall pay the Claimant Kshs 406,254.18 in damages.
- The Respondent shall pay interest on the amount awarded at court rates from the date of judgment until payment in full.
- The Claimant shall have the costs of the suit.
Remedies
- Damages of Kshs 406,254.18
- Interest on the amount awarded at court rates
Authorities cited
Legislation (2)
- Employment Act
- Civil Procedure Act
Cases cited (2)
- Nampak Corrugated Wadeville v Khoza (JA 14/98) [1998] ZALAC 24
- British UK Limited v Swift
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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