Toyota Kenya ordered to pay second ex-staffer Sh925,000 for wrongful dismissal
The Employment and Labour Relations court has ordered Toyota Kenya Ltd to pay a former employee a total of Sh925,000 for wrongful dismissal over theft allegations relating to motorcycle sales.
Justice Agnes Nzei ruled that Toyota Kenya did not prove the validity of reasons given for terminating former sales executive Evans Otieno.
She awarded Otieno Sh822,704 being equivalent of eight months’ salary and Sh102,838 one-month salary in lieu of notice as Section 35 (1) of the Employment Act was not complied with.
“It is my finding that termination of the claimant’s employment by the respondent was procedurally and was substantively unlawful and therefore unfair,” Justice Nzei said.
Justice Nzei noted that from the evidence presented by Otieno and admitted by Toyota Kenya witnesses, mandatory provisions of the statute (Employment Act) before his sacking were not complied with the car dealer.
“The respondent’s witnesses appeared to suggest that the reason why the mandatory procedure was not followed was because the Claimant had absconded duty. This narrative of the claimant having absconded duty cannot in my view, hold any ground,” she ruled.
She said non-compliance with the mandatory procedure set out in Section 41of the Employment Act renders sacking of an employee procedurally unfair pursuant to Section 45(1) of the Act.
