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Mwita v DHL World Wide Express Kenya Limited (DHL) (Cause E1005 of 2021) [2023] KEELRC 3101 (KLR) (27 November 2023) (Judgment)

[2023] KEELRC 3101 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
3101
Citation
[2023] KEELRC 3101 (KLR)
Decided
27 November 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant's AppealCoramBYRAM ONGAYA
Holding

Claimant's termination was unfair and unjustified, and the claimant is awarded a sum of Kshs 9,117,785.38 less PAYE.

Facts

Claimant was employed as Chief Financial Officer and won awards. IRS forensic investigation was initiated, leading to disciplinary proceedings and subsequent termination.

Issues

  1. Unfair dismissal
  2. Reinstatement
  3. Salary and Benefits
  4. Fuel Expenses Claim

Reasoning

The court found the reasons for summary dismissal were not valid and unfair, and the claimant's case was substantiated.

Outcome

Claimant's appeal successful

Orders

  • Reinstatement to position of Chief Financial Officer
  • Payment of Kshs 9,117,785.38 less PAYE
  • Costs awarded to claimant

Remedies

  • Reinstatement
  • Compensation

Authorities cited

Legislation (2)
  • Employment Act
  • Labor Relations Act
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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