Kenya Chemical Workers Union v Vee Plastics Limited (Cause E813 of 2022) [2023] KEELRC 3178 (KLR) (5 December 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3178
- Citation
- [2023] KEELRC 3178 (KLR)
- Decided
- 5 December 2023
Summary at a glance
TypeTrade DisputePostureClaim Proceeded as Undeclared CauseCoramNJ ABUODHA
The dismissal was not substantially justified due to lack of valid and fair reason, and the procedural fairness was violated.
Facts
The grievant, Mr. Jonathan Mwema Kalima, was dismissed by Vee Plastics Limited on August 1, 2020, due to a mechanical breakdown of a machine he was operating. The employer demanded he pay for a new motor, which he refused, leading to his dismissal.
Issues
- Substantive Justification for Dismissal
- Procedural Fairness
- Compensation for Unfair Termination
Reasoning
The court found that the dismissal was not substantively justified as there was no valid reason for the grievant's termination. The procedural fairness was also violated as the employer did not provide notice or a warning.
Outcome
The claim is allowed with the following remedies: one month's salary in lieu of notice, July 2020 salary, three years annual leave, three years service pay, and 10 months compensation for unfair termination.
Remedies
- One Month Notice
- July 2020 Salary
- 3 Years Annual Leave
- 3 Years Service Pay
- 10 Months Compensation for Unfair Termination
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.
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