Employment and Labour Relations court has awarded a rider 104,0000 for unfair dismissal.
Lady Justice Hellen Wasiliwa found Hoggers Limited Rider Nicholas Mutua Muli termination was unfair since he was not subjected to disciplinary hearing before dismissal.
“Since the claimant (Nicholas Mutua Muli) was not subjected to any disciplinary hearing, i find his termination unfair and i ward him as follows, one month salary in liu of notice=13,000 and six months salary as compensation for unfair termination=13,000×6=78,000=104,600,”ruled judge Wasilwa.
The rider Nicholas Mutua Muli filed a case alleging unfair and unlawful termination of his employment and failure by the Respondent to pay him his terminal dues and compensatory damages.
Mutua was employed by the company as a rider from 1 of August, 2004 and was paid 13,000 per month.
He claimed he was suspended by the company’s human resource and transport manager on false allegations that he had fought with his colleague while duty.
He claimed that on 27 of of March,2012 he was called and verbally asked to explain why he fought with his colleague and he proved there was no fight between him and colleague and his colleague confirmed there was no fight.
He was later dismissed with same allegations of fighting the colleague.
Mutua claimed that he was employed by the Respondent on 1-8-2004 as a Rider and continuously worked for respondent at a salary of 13,000/= per month
3. He argued that on 15 of March ,2012, the Respondent’s Human Resource and Transport Manager suspended him from duty on false
allegations that he had fought with a colleague while on duty. He avers that on 27.3.2012 when he was verbally asked to explain why he fought with his colleague.
The court said he clearly stated and proved that there was no fight between him and his colleague. The colleague even vehemently denied such allegations.
Mutua further told the court that without holding any further inquiry and investigations, the Respondent summary dismissed him on 28. of March 2012 vide a letter dated a similar date on the same allegations of fighting with a colleague.
He submitted that he was unfairly dismissed as he fought no one and the dismissal letter was backdated to 19 of March, 2012.
He sought for payment of one month salary, unpaid leave and compensation for unfair termination all totaling shilling 195,000.
Huggers Limited admitted the employment relationship with the Claimant and claimed that the Mutua’s dismissal was fair based on evidence produced after a fair hearing as set out in the Notice to show cause (NTSC) and letter of termination.
They also alleged that the Claimant( Mutua) is not entitled to payments of terminal dues as prayed.
The company further submitted that the Claimant was terminated summary for fighting with a colleague and was asked to defend himself and was found to have committed gross misconduct, which led to his termination.
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