JUDGMENT
Fred J. Owour, the respondent was employed by the TEC Institute of Management Limited, the appellant at its Eldoret Campus as a lecturer with effect from 1st September 2008. He earned a gross salary of Kshs. 23,000. He was promoted to Deputy Principal on 1st June 2010 and eventually to the position of Principal in January 2011. The respondent terminated his employment via a letter dated 19th September 2013. The grounds for dismissal were; absenteeism, incompetence, lack of teamwork, being uncooperative, insubordination, cancelling and rescheduling of lectures, taking phone calls during lectures and failure to deliver course content.
Aggrieved by the appellant’s decision to terminate his employment, the respondent filed a Statement of Claim at the Kisumu Employment and Labour Relations Court claiming that the respondent subjected him to inhumane work conditions, underpaid him, withheld his salary and allowances and made him work for up to 12 hours for 6 days a week without remun…