JAMES MOMANYI KABIRI V. HACO INDUSTRIES KENYA LIMITED

JUDGMENT

1. The appellant (James Momanyi Kabiri) was employed by the respondent (HACO Industries Kenya Limited) as an assembly charge hand on 1st January 2001 and subsequently promoted to the position of production supervisor with effect from 1st January 2009. He continued in employment until 27th January 2010 when, by a letter dated 27th January 2010, the respondent purported to terminate his employment summarily on the grounds of gross negligence which, according to them, did not require notice.

2. A labour dispute having arisen between the appellant and the respondent, the appellant referred the matter to the District Labour Officer for conciliation on 11th February 2010 whereupon a conciliation meeting was held on 12th May 2010. However, the conciliation did not bear fruit.

3. Failing conciliation, the appellant filed a Statement of Claim in the then Industrial Court on 7th June 2013, being Industrial Court Cause No. 864 of 2013 claiming: 2 months salary in lieu of notice – KShs. 39,802; seve…