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Telkom Kenya Ltd v. Paul Ngotwa

(2013) JELR 96621 (CA)

Court of Appeal  •  Civil Appeal 56 of 2011  •  19 Jul 2013  •  Kenya

Coram
David Kenani Maraga, George Benedict Maina Kariuki, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

This is an appeal and cross-appeal against the award of the Industrial Court at Nairobi made on 14th January 2011 in Industrial Cause No. 798 of 2010. In the award the Industrial Court ordered the immediate reinstatement of the Respondent to the position he occupied as the Programme Office Manager before his dismissal.

A brief statement of the facts of the case are that on 23rd September 2009 the Head of Human Resources (HHR) asked the respondent to see the Chief Executive Officer (CEO) at 5.00 p.m. on that day for routine discussions on operations. The issue at hand would appear to have been the respondent’s alleged complaint to the HHR that the respondent’s immediate boss, the Head of IT and N, was harassing (at times even physically assaulting) staff in his department. The HHR had booked an appointment for the respondent to see the CEO on 23rd September 2009 at 5.00 p.m. and brief him on those allegations. The respondent did not keep that appointment because he …

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