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K.U.D.H.E.I.H.A v B.O.G Chavavo Sec School [2013] KEELRC 827 (KLR)

[2013] KEELRC 827 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
827
Citation
[2013] KEELRC 827 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeIndustrial CourtPostureClaimant's appeal against termination of servicesCoramHellen Wasilwa
Holding

The termination of the greviant by the respondent was unfair and unjustified.

Facts

Gladys K. Samoya was employed by B.O.G Chavavo Sec School as a copy typist in 1986. She joined the KUDHEIHA union in 2011 and was terminated on August 5, 2011.

Issues

  1. Whether the decision to terminate the greviant's services was fair and just.
  2. Whether the greviant is entitled to the remedies she seeks.

Reasoning

The greviant was not given valid reasons for her dismissal and was not accorded a fair hearing.

Outcome

The greviant's termination was declared unfair and unjustified.

Orders

  • Award of Ksh 374,081 in damages for wrongful termination.
  • Award of Ksh 6,875.50 for days worked in November 2011.
  • Award of 12 months salary for wrongful termination.
  • Award of service pay calculated at 15 days for each year worked.
  • Award of Ksh 16,503.60 for house allowance.
  • Award of Ksh 165,036 for 12 months salary.
  • Award of Ksh 185,665.50 for service pay.
  • Costs awarded to the claimant.

Remedies

  • Damages for wrongful termination.
  • House allowance.
  • Service pay.
  • Salary for days worked in November 2011.

Authorities cited

Legislation (1)
  • Employment Act 2007
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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