ABEL MARCEL OKOTH OKELLO V KENYA MEDICAL RESEARCH INSTITUTE [2013] KEELRC 342 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 342
- Citation
- [2013] KEELRC 342 (KLR)
- Decided
- 19 March 2013
Summary at a glance
Facts
The Claimant, Abel Marcel Okoth Okello, was employed by the Respondent, Kenya Medical Research Institute, as a Space and Safety Manager on a 6-year contract expiring on August 14, 2011. He was promoted to Deputy Operations Chief until June 23, 2010, when he was terminated. He was on paternity leave when the termination letter was served on him. He had been suspended on June 23, 2010, for using the Respondent's Power Generator without involving his supervisor and lying to a Security Officer. The suspension was lifted on May 24, 2010, and he was re-instated.
Issues
- Unfair termination of employment
- Compensation for unfair termination
- Gratuity
- Severance pay
Reasoning
The Court found the termination was unfair and actuated by bad faith, given the short time between the suspension and re-instatement, and the fact that the Claimant was on paternity leave when the termination occurred.
Outcome
Claimant awarded 12 months salary and Shs.241,956.24 as gratuity.
Orders
- Award of 12 months salary as compensation
- Award of Shs.241,956.24 as gratuity
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