JUDGMENT OF THE COURT
1. In an Award delivered on 22nd January 2014, the Industrial Court, (Rika, J.) dismissed the appellant’s claim for compensation or alternatively for reinstatement. That claim was based on the grounds that the termination of the appellant’s employment by the respondent was unlawful and unfair.
2. The appellant complains that the Judge misdirected himself and failed to consider the evidence in dismissing his claim; and that the Judge did not appreciate that the reasons given for his termination were not valid in light of Section 43(1) of the Employment Act.
Background
3. In his claim before the Industrial Court, the appellant averred that he was employed by Kenya Posts and Telecommunications Corporation, the forerunner to the respondent, on 19th January 1983 as a technician; that on 15th February 2008 he was promoted to the position of Sectional Engineer earning a salary of Kshs. 49,760.00 per month; that he was arbitrarily, unfairly, unlawfully and wrongfully dismiss…