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Munyi v Kenya Chemical Workers Union (Cause E123 of 2022) [2023] KEELRC 3083 (KLR) (30 November 2023) (Judgment)

[2023] KEELRC 3083 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
3083
Citation
[2023] KEELRC 3083 (KLR)
Decided
30 November 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from the original trialCoramJAMES RIKA
Holding

The dismissal was found to be unfair, and the Respondent is ordered to pay compensation and other benefits.

Facts

The Claimant was employed as a Copy Typist and later promoted to Administration Manager. She was sent on leave and summarily dismissed after 25 years of service. An audit found discrepancies in her handling of the finance docket, leading to disciplinary proceedings.

Issues

  1. Unfair dismissal
  2. Procedural fairness

Reasoning

The court found that the dismissal was procedurally flawed and that the Claimant had worked for 25 years without contributing to the circumstances leading to termination.

Outcome

In favor of the Claimant

Orders

  • Notice at Kshs. 330,000
  • Gratuity at Kshs. 1,815,000
  • Salary arrears at Kshs. 140,000
  • Compensation for unfair termination at Kshs. 990,000

Remedies

  • Equivalent of 9 months' salary in compensation for unfair termination
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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