JUDGMENT OF KIAGE, JA
The main issue for our determination In this appeal is whether the Employment and Labour Relations Court at Nyeri (Ongaya, J.) was justified in awarding the four respondents herein, who were the claimants in that court, compensatory damages equivalent to 12 months of their respective gross pay on account of their summary dismissal, which the learned Judge found to be unlawful and unfair.
The four were dismissed from the positions they held in the customer service and stores, credit, and information technology departments of Kiambaa Dairy Farmers Co-operative Society Ltd, (the appellant) on suspicion of involvement in the authorship of an anonymous letter sent to the appellant’s manager on 29th April 2014. That letter followed a staff redeployment effected by the respondent in order to curb wastage and theft. The appellant first suspended the four and subsequently terminated their employment with effect from 30th April 2014. Prior to the dismissal, they had been inv…