Ngwara v Brookside Dairy Limited (Employment and Labour Relations Appeal E181 of 2024) [2025] KEELRC 298 (KLR) (30 January 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 298
- Citation
- [2025] KEELRC 298 (KLR)
- Decided
- 30 January 2025
Summary at a glance
TypeAppealPostureAppeal from a Judgment of the Trial CourtCoramOCHARO
The Court held that the termination of the Appellant's employment was procedurally unfair and substantively unfair.
Facts
The Appellant, Richard Nyachenenga Ngwara, was an employee of the Respondent, Brookside Dairy Limited, from November 2009 to May 2018. He was summarily dismissed and claimed various reliefs including salary in lieu of notice, compensation for unutilized leave days, and other benefits.
Issues
- Whether the termination of the Appellant's employment was fair and lawful
- Whether the Appellant was entitled to the reliefs sought in his Statement of Claim
Reasoning
The Court found that the employer failed to adhere to the mandatory procedure for terminating an employee's employment, including not providing a show cause letter or a disciplinary hearing, and thus the termination was procedurally unfair. The Court also found that the employer did not provide a valid reason for the termination, making it substantively unfair.
Outcome
Affirmed the judgment of the Trial Court
Authorities cited
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