Rota v Envirofit Kenya Limited (Cause 57 of 2019) [2023] KEELRC 3326 (KLR) (7 December 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3326
- Citation
- [2023] KEELRC 3326 (KLR)
- Decided
- 7 December 2023
The summary dismissal of the claimant was not for a valid reason and the respondent did not follow a fair procedure before summarily dismissing the claimant. The Court orders that the claimant is entitled and is granted one month's salary in lieu of notice, salary in arrears, leave days not taken, and compensatory damages.
Facts
Rota was employed by Envirofit Kenya Limited as a Regional Sales Manager on August 29, 2017, with a monthly salary of Kshs 61,000 and allowances of Kshs 19,000. On December 16, 2016, he was confirmed in his position with a gross monthly salary raised to Kshs 130,000. On April 7, 2017, he received a warning letter for alleged lost revenue due to loss of stock. On December 20, 2017, he was summarily dismissed for alleged negligence of duty.
Issues
- summary dismissal of the claimant was unlawful, unprocedural and unjustified
- one month's salary in lieu of notice
- salary in arrears for November and December
- leave days not taken
- compensation for unlawful and unfair summary dismissal
Reasoning
The Court found that the respondent failed to prove a valid reason for the summary dismissal and did not follow fair procedure. The Court also ordered the payment of arrears and leave days, and awarded compensatory damages.
Outcome
Judgment in favor of the claimant
Orders
- one month's salary in lieu of notice
- salary in arrears for November and December
- leave days not taken
- compensatory damages
Remedies
- compensatory damages
- interest at Court rates from date of judgment till payment in full
- costs of the suit
- certificate of service to be provided to the claimant within 30 days of this judgment
Authorities cited
Legislation (3)
- Employment Act
- Section 41, 43, 45 and 47 of the Employment Act
- Section 36 of the Act
Cases cited (2)
- Gilbert Maurice Makori v Equity Bank Limited [2016] eKLR
- Kenfreight (E.A) Limited v Benson K. Nguti [2016] eKLR
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