Julius Kipketer Rugut v Elgon View College Limited [2014] KEELRC 1149 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1149
- Citation
- [2014] KEELRC 1149 (KLR)
- Decided
- 4 June 2014
Summary at a glance
TypeIndustrial DisputePostureClaimant's application for restraining orders and reinstatement, Respondent's application for review of ordersCoramMbaru
Orders dated 30th January 2014 are hereby set aside; parties to take a hearing date for the main course from the registry; each party will bear their own costs.
Facts
Claimant was employed by Elgon View College Limited as a lecturer until July 2013. He was redeployed to Mosop Institute of Technology in January 2012, where he was rendered redundant. Claimant filed an application for reinstatement and payment of salaries, while the Respondent filed an application for review of the orders.
Issues
- Whether the claimant's position should be replaced
- Whether the claimant should be reinstated and paid salaries
- Whether the respondent should be made to pay for the claimant's salary at Mosop Institute of Technology
Reasoning
The claimant was employed by Mosop Institute of Technology and not Elgon View College Limited. The respondent was not made aware of the orders and had no chance to be heard. The claimant's position was filled by another entity and he was rendered redundant.
Outcome
Claimant's application for restraining orders and reinstatement dismissed; respondent's application for review of orders granted.
Orders
- Orders dated 30th January 2014 are hereby set aside
- Parties to take a hearing date for the main course from the registry
- Each party will bear their own costs
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