GRACE N. AGARE v PERMANENT SECRETARY, MINISTRY OF STATE FOR IMMIGRATION & REGISTRATION OF PERSONS & 2 others [2012] KEELRC 195 (KLR)

Summary at a glance

Facts

The Claimant was employed as a temporary Senior Subordinate Staff by the Ministry of State for Immigration and Registration of Persons. She was charged with a criminal offense and placed on half pay. She was suspended and later dismissed for gross misconduct. She appealed but the appeal was dismissed. She was acquitted in a later trial.

Issues

• Whether the dismissal was fair and justified.
• Remedies for the unfair dismissal.

Reasoning

The court found that the dismissal was unjustified and that the Claimant was kept on interdiction for a period of close to four years on half pay and then suspended without pay for over one year prior to the termination.

Outcome

The court ordered the Respondents to pay salary arrears, terminal benefits, and compensation.

Orders

• Pay salary arrears from the date of interdiction (17/12/2004) to the date of termination on 1/9/2008.
• Pay all terminal benefits due to the Claimant by fact of termination of her contract of service.
• Award 12 months’ salary as compensation for the unlawful and unfair termination.

Remedies

• Payment of salary arrears.
• Reinstatement to previous employment.
• Payment of terminal benefits.
• Compensation for unfair termination.

Authorities cited