Mutoro v Ken-Knit (K) Limited (Employment and Labour Relations Appeal E004 of 2021) [2024] KEELRC 13212 (KLR) (21 November 2024) (Judgment)

Summary at a glance

Facts

The Appellant, Mutoro, was employed by Ken-Knit (K) Limited as a machine operator. He was terminated on March 1, 2018, on the grounds of forgery and absconding duty. The Appellant disputes the termination, claiming he was not given a fair hearing.

Issues

• Whether the Appellant's employment was unlawfully terminated by the Respondent or he absconded duty
• Whether the learned trial magistrate erred in dismissing the Appellant's claim
• Whether the Appellant is entitled to the reliefs he is seeking in this appeal

Reasoning

The Respondent failed to demonstrate reasonable attempts to contact the Appellant after he absconded duty, making the termination procedurally unfair. The trial court's dismissal of the claim was based on procedural fairness alone, which was incorrect.

Outcome

Affirmed

Remedies

• A declaration that the Appellant's services were unprocedurally, unlawfully and unfairly terminated
• The sum of Kshs. 524,143.21/=
• Exemplary damages
• Certificate of Service
• Costs of the suit
• Interest at court rates from the filing of the suit until payment in full

Authorities cited