A Nairobi Court has compelled Toyota Kenya Limited to pay its former Finance Mananger Sh 6.7 Million for wrongful dismissal from work.
Lady Justice Linnet Ndolo while delivering the Judgement of March 2, 2023 said that she has considered Abigael Munyinyi’s long service at the Company and Toyota Kenya’s unlawful conduct in bringing the employment relationship to an end.
She ruled that Toyota Kenya did not avail any valid reason for Munyinyi’s dismissal and she is therefore entitled to compensation for wrongful and unfair dismissal.
Munyinyi through her lawyer Sam Ogutu filed a petition at the Employment and Labor Relations Court at Nairobi challenging her dismissal in the year 2019.
TOYOTA Kenya did not file final submission.
She informed the court that she was employed at Toyota Kenya on March 16, 2007 as an assistant Management Accountant and was later promoted to Finance Manager on August 9, 2016.
Munyinyi said that she had a stellar performance record throughout her employment with Toyota Kenya.
“On February 15, 2019, I was suspended to allow Toyota to conduct further investigations, following a forensic audit report on “Hino Special Service Campaign Project’, “Added Munyinyi.
Ogutu said that Munyinyi was served with a show cause letter, citing allegations of her culpability which led to an established loss of Sh 20,110,682.She was required to respond by 3.00 pm on February 18, 2018.
“Still on the same day, the Claimant was served with a notice requiring her to attend a disciplinary hearing scheduled for February 20, 2019,”added Ogutu.
She contested that her suspension was not lifted. She added that she was not furnished with the forensic audit report, which Toyota Kenya termed as confidential.
The claimant delivered her written response on February 18, 2019 and on February 20, 2019, she attended disciplinary hearing.
Court documents indicates that she was invited for a disciplinary hearing on the same date she was suspended to pave way for completion of investigations on the findings of the forensic auditors.
She was invited for a disciplinary hearing on the same date she was suspended and directed to provide a written response to the show cause letter, based on an incomplete investigations.
Munyinyi wanted a declaration that her dismissal was unlawful and unfair, 12 months ‘salary as compensation for unfair termination.
She wanted to be granted pension deductions for the month of February 2019 amounting to Sh 40,000 and one month’s salary in lieu of notice.
Toyota Kenya in response confirmed the existence of an employment contract dated March 16, 2007 between itself and Munyinyi.
It admitted that the woman was suspended on February 15, 2019, to pave way for further investigations into allegations of gross misconduct.
Toyota Kenya said that it availed a report that related to her only adding that it had a proper reason for dismissing her.
It said that it conducted proper disciplinary hearing before dismissing her.
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