G4S Kenya Limited v Busuru (Appeal E048 of 2024) [2025] KEELRC 958 (KLR) (27 March 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 958
- Citation
- [2025] KEELRC 958 (KLR)
- Decided
- 27 March 2025
Summary at a glance
TypeAppealPostureFirst appeal from the Judgment of Hon. Robert M. Oanda, at Winam SPM in ELRC No. E10 of 2023CoramJK GAKERI
The court found that the termination was not fair and justified, and the respondent was not given a fair procedure.
Facts
Respondent Rodgers Omondi Busuru was employed by G4S Kenya Limited as a security guard from January 1993. He was dismissed on September 21, 2021, for negligence and dishonesty. The respondent was charged with theft at Winam Principal Magistrate's Court but was acquitted. The respondent alleged improper investigations and lack of due process.
Issues
- Whether the termination of employment was fair and justified
- Whether the respondent was properly informed and given a chance to defend himself
Reasoning
The court held that the respondent was dismissed without a fair procedure and substantive justifications, contrary to the provisions of the Employment Act.
Outcome
Affirmed the judgment of the trial court
Authorities cited
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