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…When he did not agree to this he received a letter Exh 2 dismissing him summarily in accordance with section 17(g) of Employment Act for misappropriating company money as well as absenting himself from work.…

…Since the plaintiff has since then not got any other employment and is not likely to get any, he ought to be paid for all the time he has been without a job and for the future period he is going to be without a job.…

…With regard to wrongful dismissal, every employee in every employment except one expressly excluded by statute has the right not to be unfairly dismissed by his employer.…

…normal measure of damages is the amount an employee would have earned under the contract for the period until the employer could lawfully have terminated it, less the amount he could reasonably be expected to earn in other employment…

…Moses Kiprotich Rutto & Others v Telkom Kenya Limited (Cause 139 (N) of 2009) [2014] KEIC 9 (KLR) (Employment and Labour) (22 December 2014) (Ruling) Moses Kiprotich Rutto & Others v Telkom Kenya Limited [2014] eKLR Neutral…

…citation: [2014] KEIC 9 (KLR) REPUBLIC OF KENYA IN THE INDUSTRIAL COURT AT NAIROBI EMPLOYMENT AND LABOUR CAUSE 139 (N) OF 2009 NZIOKI WA MAKAU, J DECEMBER 22, 2014 REPUBLIC OF KENYA IN THE INDUSTRIAL COURT AT NAIROBI EMPLOYMENT…

…She contends that her employment was unlawful and in breach of her contract of service with the Defendant. She further contends that the Defendant defamed her in various notes and memoranda addressed to her.…

…Again if the employee were to be minded to leave his employment, say for a better - paid job, and he gives notice of his intention to leave, the employees is not obliged to assign any reason for his intention to terminate…

…That the Defendant acted maliciously in failing to recall the Plaintiff back to employment after it had failed to pay them their agreed early retirement package. 10.…

…That the proposal was rejected by the Government and the Plaintiffs were paid their terminal dues in accordance with the terms of the employment. 3.…

…In Waiyunka v Bamburi Portland Cement Co Ltd, Mombasa HCCC 230/80 Muli, J awarded Kshs 12,000 general damages in 1980 for a fractured clavicle as a result of which the plaintiff was unable to follow his employment, unlike…

…The plaintiff’s counsel opposed the dismissal on the basis that this matter was being handled by his former partner who has since left for employment and that the present counsel did not know that any matter was pending in…

…DEFENDANT JUDGMENT The plaintiff Ali Juma Maingi sued his former employer Metal Box (K) Ltd claiming damages for the injuries he sustained as a result of being assaulted by one of his fellow co-employees, in the course of their employment…

…The defendant denied in its defence, that the assault of the plaintiff by his fellow employee occurred in the course of their employment nor was it precipitated by the negligence of the defendant, as assault is a criminal…

…He concluded by submitting that the offence of desertion amounted to a labour dispute and as such the jurisdiction to hear the matter lay with the Employment and Labour Relations Court.…

…Further, the Defendant states that it was an agreed condition that once a staff member leaves the employment of Defendant if they had several loans all the outstanding loans would be merged into one loan account for ease…

…At the time the Plaintiff’s employment was terminated she had 3 outstanding loans being the school fees loan, check off loan and the car loan which loans were consolidated into one account with effect from 18th November 2005…

…They claimed that the defendant had failed to effect increments of their salaries, house allowances according to their agreements of employment.…

…The witness wanted to know the whereabouts of her daughter, and was protesting against the plaintiff’s meddling in her daughter’s employment and spoiling her work.…

…There is evidence that after the deceased left the plaintiff, the plaintiff behaved towards her in a vindicative spirit and, in particular, tried to have her dismissed from her employment.…

…The 3rd accused explained that he had been asked to carry a package by the 4th accused, who had offered him employment, and it was only later that he learnt that it contained a gun etc and, therefore, he decided to hand over…

…The accused was 48 years of age, and he stood to lose his employment and terminal benefits. Mr Njugi said, and this is of particular significance to the present action, that what was stolen had been discarded.…

…He gave particulars of the appellant’s education up to his qualification as a doctor and subsequent employment by the Kisumu Municipality his involvement in politics and how he joined the society known as Mwakenya and his…

…The deceased hada net regular employment income of Kshs 12,097 including houseallowance. He earned a monthly average of K.shs. 15,000-20,000/-from Private tuition.…

…At one time in his life he drove an Arab butcher’s vehicle but later left that employment and became a butcher on his own account near Mombasa.…