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PAUL BILLY NYAGILO
V.
EAST AFRICAN PORTLAND CEMENT CO. LTD

(2017) JELR 93259 (CA)

Court of Appeal 16 Jun 2017 Kenya
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Case Details

Suit Number:Civil Appeal 87 of 2015
Judges:Erastus Mwaniki Githinji
Location:Nairobi
Other Citations:Paul Billy Nyagilo v. East African Portland Cement Co. Ltd [2017] eKLR

JUDGMENT OF GITHINJI, JA

[1] This is an appeal from the judgment of the Employment and Labour Relations Court (Court) (Makau, J.) dismissing the appellant’s claim against the respondent with costs.

[2] By a letter dated 18th November 2010, the appellant was summarily dismissed from his employment with the respondent with immediate effect. The dismissal letter stated in part that the appellant had abused the responsibility bestowed on him and lost the company cement worth Kshs. 4,155,200/- which came to his possession by virtue of duty and which he could not account for.

On 25th September, 2013, the appellant filed a memorandum of claim alleging that the summary dismissal was substantively and procedurally unfair and unlawful and claimed:

i. Shs. 581,568/00 being three months salary in lieu of notice

ii. Shs. 775,524/00 being salary for months of August to November, 2010

iii. Shs. 9,305,088/00 being gratuity at 25% from 1993 to 2009 (16 years).

iv. Shs. 58,156/80 – leave allowance for year 20…

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