JUDGMENT OF THE COURT
1. This appeal arises from the judgment of the Industrial Court of Kenya at Nairobi (as it was then known) in Cause No. 583 of 2009 where Kenyan Union of Commercial Food and Allied Workers (KUCFAW), hereinafter referred to as “the respondent”, was the claimant against British American Tobacco (K) Ltd., hereinafter referred to as “the appellant”.
2. In its memorandum of claim filed before the Industrial Court on behalf of one Gabriel Kilonzo, hereinafter “the grievant”, the respondent stated that on 1st June 1989, the appellant employed the grievant as an office messenger in their depot in Nyeri town and over the years promoted him to the post of Senior Stores Supervisor. His gross monthly salary in April 2006 when he was dismissed was Kshs.109,622/=.
3. The dispute arose on 27th February 2006 when the grievant was suspended on grounds of suspicion of fraud, one of them being that a clerk by the name George Nyamongo who was under the supervision of the grievant raise…