Wandeto v LC Waikili Ltd (Cause E092 of 2023) [2024] KEELRC 448 (KLR)
The bottom line
#Kenya's Employment Court dismissed an unfair termination claim because the employer proved the cashier broke company discount and exchange procedures through a proper disciplinary process.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination of the claimant's employment was wrongful, unfair and unlawful
Termination was lawful; the Respondent proved, on a balance of probability, that the claimant irregularly and fraudulently processed a discount and exchange contrary to company procedure and was subjected to due disciplinary process
The claimant was accused of unilaterally applying a discount to a trouser he had purchased and later effecting an exchange without following the Respondent's seven-point exchange procedure or involving his seniors. He was subjected to a disciplinary committee which recommended termination. The court found the Respondent's evidence overwhelming and that it had preponderance of evidence supporting lawful termination.
Whether the claimant is entitled to the relief sought
Not entitled; the claim was dismissed and each party ordered to bear own costs
Having failed to establish wrongful, unfair or unlawful termination, the consequential reliefs - the declaration, general damages of Kshs 999,252, one month's pay in lieu of notice, interest and costs - all fell away. The court dismissed the claim in its entirety and made no order as to costs.
Legal principles established
#- A valid reason for termination must be established under Section 43(2) of the Employment Act, 2007, and the employer bears the burden of justifying termination on a balance of probability
Court orders
#- 1.The claim is dismissed
- 2.Each party bears their own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wandeto v LC Waikili Ltd (Cause E092 of 2023) [2024] KEELRC 448 (KLR)", Case Analysis (2024). Memorandum of Claim dated 27th January, 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/448/eng@2024-02-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.