Munguti v Versus Nestle Kenya Limited (Cause 4 of 2012) [2013] KEIC 517 (KLR) (22 February 2013) (Judgment)
- Court
- Industrial Court
- Case number
- 517
- Citation
- [2013] KEIC 517 (KLR)
- Decided
- 22 February 2013
The court held that the dismissal was wrongful and that the procedure followed was not fair.
Facts
The claimant, Sospeter Kioko Munguti, was employed by Nestle Kenya Limited as a purchasing coordinator. He was transferred to work in Nestle Angola for a period of 24-36 months. His duties included procurement, customer service, demand supply planning, material handling, and import/export functions. He was given good commendations and promotions, and his salary was increased. He was dismissed on July 21, 2009.
Issues
- Whether the dismissal was wrongful
- Whether the procedure followed to dismiss him was fair
Reasoning
The court found that the claimant was not guilty of negligence and improper performance of duty. The court also found that the terms of the letter of transfer and the Corporate Expatriation Policy did not support the dismissal.
Outcome
The claimant was awarded compensation for wrongful dismissal.
Orders
- Compensation awarded to the claimant
Remedies
- Compensation awarded to the claimant
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