NOOR MOHAMMED V. CMC AVIATION LIMITED

RULING OF THE COURT

[1] Captain Noor Mohammed (hereinafter referred to as the applicant), was the respondent in Civil Appeal No.199 of 2013, in which CMC Aviation Limited, (herein the respondent), was the appellant. The appeal was against the judgment delivered on 10^th November, 2011 by the Industrial Court of Kenya (now renamed Labour and Employment Court). In the judgment, the Industrial Court held that the applicant’s summary dismissal by the respondent amounted to unfair dismissal.

Consequently the Industrial Court awarded the applicant US $ 9,000 as one month salary in lieu of notice; US $ 108,000 being 12 months gross salary plus unpaid leave days for the year 2010; and the costs of the suit. The respondent was aggrieved by the judgment hence the appeal. The applicant also filed a cross-appeal and grounds for affirming the Industrial Court’s decision.

[2] Having heard the appeal, a bench of this Court (differently constituted), dismissed the cross-appeal and partially allowed the r…