JUDGMENT
The appeal before us arises from a claim that was lodged in the Employment and Labour Relations Court (ELRC) at Nakuru by Edwin Kosgei, the appellant herein, against Metkei Multi-Purpose Company Limited, the respondent.
According to the statement of claim dated 25th October 2014, filed in the ELRC, the appellant was employed by the respondent as a milk tanker driver on 23rd July, 2012 on a monthly salary of Kshs. 16,000/= but was summarily dismissed vide a letter dated 10th February, 2014. He stated that the dismissal was unfair and contrary to law for the following reasons:
a. Procedural fairness as required by the provisions of section 41 of the Employment Act, 2007 was not followed.
b. The termination was without justification as occurrence of a road traffic accident is not one of the lawful reasons for the effecting of a summary dismissal under the law.
c. No notice of misconduct was given to the claimant.
d. No opportunity to be heard in the presence of a trade official or an …