An employee who was sacked for cutting down a tree has lost his bid to save his job.
The Labour Court agreed with the employer that Caleb Wafula deserved the sacking for gross misconduct on May 28, 2024.
However, Justice James Rika disagreed with Lipton Teas and Infusion Kenya that the tea picker deserved a summary dismissal, ruling that he should be paid his gratuity for the 13 years he had worked.
Wafula went to court claiming that Lipton Teas and Infusion Kenya had irregularly fired him.
The court heard that Wafula and his son were found with an axe and a machete in December 2013. The two, according to the company, were cutting down an indigenous tree, which was against the company’s policy.
The firm said employees were allowed to collect dried wood, and sometimes the company would hire a contractor to cut down a tree for the provision of firewood.
In his case, Wafula testified that he was not given a fair chance to defend himself. He argued that he was given four days’ notice to respond to the claims.
According to him, he was falsely accused. Instead, he said, he was found splitting firewood.
Lipton’s area manager, Richard Guto, admitted that although there was no photo of the cut tree, Wafula admitted and sought forgiveness.
Justice Rika agreed but directed the company to pay him Sh284,234 as gratuity and two months’ notice pay.
There was a reason to believe that Wafula had engaged in gross misconduct. He said that the man had not established a case for the court to order Lipton to compensate him for unfair and unlawful termination.
Wafula was dismissed with effect from May 28, 2024.
He observed that when he was confronted by security personnel, he pleaded for forgiveness and sought to resolve the issue between them.
The judge said there was no need for Lipton to produce photos of the tree to establish an employment offence.
According to him, there was a reason to believe that Wafula had engaged in gross misconduct. He said that the man had not established a case for the court to order Lipton to compensate him for unfair and unlawful termination.
“The respondent has a policy on the conservation of indigenous trees within its farm. It is a laudable corporate policy on the protection of our environment. Gathering of firewood by employees is regulated. The claimant was familiar with the policy, having been in employment for 13 years. He conceded he was aware of it in his evidence. There was valid reason justifying termination, and the hearing on 28th March 2024 was largely conducted fairly,” said Justice Rika.
