Wairimu v China Road& Bridge Corporation (K) Limited (Appeal E136 of 2023) [2024] KEELRC 2382 (KLR) (27 September 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2382
- Citation
- [2024] KEELRC 2382 (KLR)
- Decided
- 27 September 2024
Summary at a glance
TypeAppealPostureFirst AppealCoramNJ ABUODHA
The court agrees with the trial court that the Appellant was the author of his own misfortunes and that the dismissal was procedurally fair. However, the court disagrees with the trial court's award of damages.
Facts
The Appellant, Moses Kionge Wairimu, was employed by the Respondent, China Road & Bridge Corporation (K) Limited. The Appellant left service due to misconduct, and the Respondent terminated his employment. The Appellant appealed the trial court's judgment.
Issues
- Whether the trial court correctly found that the Appellant was the author of his own misfortunes.
- Whether this court should interfere with the trial court's discretion on the award of damages.
Reasoning
The court found that the Appellant admitted to causing accidents with the Respondent's vehicles, which led to damages. The court also noted that the Appellant was given a chance to explain the accidents but the explanations were not sufficient. The court held that the dismissal was procedurally fair but disagreed with the award of damages.
Outcome
The appeal is dismissed with costs.
Authorities cited
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