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Kenya Union of Commercial, Food and Allied Workers v Wanandege Sacco Ltd (Cause 1061 of 2018) [2025] KEELRC 258 (KLR) (30 January 2025) (Judgment)

[2025] KEELRC 258 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
258
Citation
[2025] KEELRC 258 (KLR)
Decided
30 January 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial decisionCoramOCHARO
Holding

The summary dismissal was procedurally fair, and the conduct of the Grievants was considered gross misconduct warranting summary dismissal.

Facts

The Kenya Union of Commercial, Food and Allied Workers filed a claim against Wanandege Sacco Ltd, alleging unfair dismissal of two of its members, Catherine Wangui Ndegwa and Mary Jeroitich Koros. The Respondent claimed the Grievants were lawfully summarily dismissed due to fraudulent activities.

Issues

  1. Whether the summary dismissal against the Grievants was unfair.
  2. Can the reliefs sought be availed to the Grievants?

Reasoning

The Court found that the dismissal was procedurally fair and that the Grievants' conduct, which included fraudulent activities, was sufficient to justify summary dismissal.

Outcome

Affirmed the Respondent's decision to dismiss the Grievants summarily.

Authorities cited

Legislation (2)
  • Employment Act
  • Human Resource Policy
Cases cited (4)
  • White and Carter [Councils] v McGregor [1962]AC 413
  • Laws v London Chronicle Limited [1959] 2 ALL L.R 285
  • Sinclair v Neighbour [ 1967]2 QB
  • McKinley v BC Tel [2001] 2SCR 161,2001 SCC 38 [Can LII]
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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