ZEPHANIAH OJWANG OKANGA v THIKA CLOTH MILLS LTD [2008] KEHC 1036 (KLR)
- Court
- High Court of Kenya
- Case number
- 1036
- Citation
- [2008] KEHC 1036 (KLR)
The court finds the dismissal wrongful and allows the appeal, setting aside the lower court's judgment.
Facts
Zephaniah Ojwang Okanga filed a suit against his former employer, Thika Cloths Mills Ltd, claiming wrongful dismissal and terminal benefits. The respondent admitted the employment but denied the dismissal was wrongful.
Issues
- wrongful dismissal
- terminal benefits including salary in lieu of notice, gratuity, and leave pay
Reasoning
The court found the dismissal was wrongful due to lack of evidence of gross misconduct and the respondent's admission of not giving notice or salary in lieu of notice. The court awarded the appellant two months salary in lieu of notice, 17 days salary, and 121⁄2 leave days, and gratuity at the rate of 14 days salary for each completed year of service.
Outcome
Appeal allowed, judgment set aside, and new judgment issued.
Orders
- payment of Kshs.98,420 for two months salary in lieu of notice, 17 days salary, and 121⁄2 leave days
- payment of gratuity at the rate of 14 days salary for each completed year of service for 22 years worked
- judgment less the sum of Kshs.3,000
- costs of the suit in the lower court and this appeal
Remedies
- payment of Kshs.98,420
- payment of gratuity
- costs of the suit
Authorities cited
Legislation (1)
- Employment Act
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