JUDGMENT OF THE COURT
[1] This is an appeal against the decision of the Employment and Labour Relations Court (ELRC) wherein the learned trial Judge found the respondent’s services had been unlawfully terminated and awarded him 12 months’ salary as compensation. A brief background is that Jackson Kivilu (deceased) who died during the pendency of this appeal and was substituted by the administrator of his estate, Mary Musangi Kivilu (the respondent), was employed by Alba Petroleum Limited (the appellant) in its operations department from September, 1996 until 1st October, 2013 when his services were terminated. At the time of his termination he was earning a gross salary of Kshs.134,848. His duties included fuelling boats at the Port of Mombasa as well as supervising members of staff under him.
[2] According to the respondent, he performed his duties diligently and never received any complaint from the appellant. This is why the warning letter dated 8th May, 2013 was received in utter su…