Mehta Electricals Limited v Rumbika (Appeal E220 of 2024) [2025] KEELRC 1239 (KLR) (30 April 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1239
- Citation
- [2025] KEELRC 1239 (KLR)
- Decided
- 30 April 2025
Summary at a glance
TypeAppealPostureAppeal from the judgment of Hon. Rose Ombata in Mombasa CMELRC No. E632 of 2023CoramM. MBARŨ
The court finds that the termination of employment was unfair and orders compensation, notice pay, leave pay, and service pay. The court also sets aside the trial court's order for unpaid salary for August 2023.
Facts
The respondent, Delvis Juma Rumbika, was employed as a general labourer by Mehta Electricals Limited from February 2018 until August 2023. He was accused of theft and taken to the Nyali Police Station. The appellant, Mehta Electricals Limited, dismissed him without notice and refused to pay his August salary and terminal dues.
Issues
- Unfair termination of employment
- Compensation for 12 months
- Notice pay
- Service pay for 5 years
- Leave pay for 5 years
- Unpaid salary for August 2023
- Costs of the suit
Reasoning
The court held that the respondent was lawfully dismissed due to theft and refused to attend the internal disciplinary hearing. The court awarded compensation, notice pay, and leave pay but set aside the unpaid salary for August 2023.
Outcome
The appeal is upheld, and the judgment is set aside with a declaration that the respondent's employment was lawfully terminated and that costs be awarded.
Orders
- Notice pay Ksh. 23,594
- Compensation KS. 94,376
- 4 1⁄2 years accrued leave Ksh.85,754.30
- Certificate of service
- Costs and interests
Remedies
- Declaration of lawfulness of termination
- Award of compensation
- Award of notice pay
- Award of leave pay
- Award of certificate of service
- Award of costs
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.
Loading judgment…