The Registered Trustees De La Salle Christian BrothersT/A St. Mary’s Boys’ Secondary School vJulius D. M. Baini [2017] KECA 425 (KLR)
- Court
- Court of Appeal
- Case number
- 425
- Citation
- [2017] KECA 425 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the Employment and Labour Relations CourtCoramP. N. WAKI, R. N. NAMBUYE, F. SICHALE
Holding
The Court held that the respondent's employment did not terminate when the contract ended, and the purported 'retirement' was not valid.
Facts
The respondent, a professional teacher, was offered a contract to teach English/Literature at St. Mary's Secondary School in Nyeri County. The contract was to run from January to December 2014. The respondent completed four different yearly contracts. After the contract ended, the respondent was informed of a 'retirement' and asked to hand over the staff residence and school property.
Issues
- Does the employment terminate when the contract says it will, subject to any express term of extension?
- Is the purported 'retirement' valid and does it terminate the contract?
Reasoning
The Court found that the respondent's employment did not terminate when the contract ended, and the purported 'retirement' was not valid.
Outcome
Affirmed
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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