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BAMBURI CEMENT LIMITED
V.
KIOKO JOSEPH

(2016) JELR 106506 (CA)

Court of Appeal 27 May 2016 Kenya
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Case Details

Suit Number:Civil Appeal 61 of 2015
Judges:Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti
Location:Mombasa
Other Citations:Bamburi Cement Limited v. Kioko Joseph [2016] eKLR

Section 44(3) of the Employment Act provides that:

It is gross misconduct on the part of an employee if –

(b) during working hours, by becoming or being intoxicated, an employee renders himself unwilling or incapable to perform his work properly;

(d) an employee uses abusive or insulting language, or behaves in a manner insulting, to his employer or to a person placed in authority over him by his employer;

(f) in the lawful exercise of any power of arrest given by or under any written law, an employee is arrested for a cognizable offence punishable by imprisonment and is not within fourteen days either released on bail or on bond or otherwise lawfully set at liberty; or

This list is however not exhaustive and an employer can summarily dismiss an employee on any other ground so long as it is justifiable.

the action as the claimant by an amendment to the claim. The amendment also introduced the following prayers:

(b) Gratuity under Collective Bargaining Agreement

(c) Damages for wrongful and…

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