Pamela K. Butalanyi v University Council for the Kenya Polytechnic University College [2015] KEELRC 1286 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1286
- Citation
- [2015] KEELRC 1286 (KLR)
- Decided
- 20 March 2015
The Summary Dismissal of the Claimant was unfair, and the Respondent shall reinstate the Claimant to her previous position with effect from 1st June 2015, without loss of salaries, benefits, and privileges. The back pay is to be calculated from the 1st August 2009. In the alternative, the Respondent shall pay the Claimant 1 month salary in lieu of notice at Kshs. 54,592 and 12 months' salary in compensation at Kshs. 655,104.
Facts
The Claimant, Pamela K. Butalanyi, was employed as a Technician by the Respondent, University Council for the Kenya Polytechnic University College. She applied for and secured a government scholarship to study in the United Kingdom from December 2004 to December 2007. The government withdrew funding, and the Respondent arbitrarily cancelled her study leave. She was dismissed for failing to report back to work, and she sought reinstatement and compensation.
Issues
- Unfair and unlawful termination
- Employment remedies proportionate to injury sustained
Reasoning
The Court found the dismissal unfair and disproportionate to the injury sustained, and ordered reinstatement and compensation.
Outcome
Affirmed
Orders
- Reinstatement of the Claimant to her previous position with effect from 1st June 2015
- Payment of 1 month salary in lieu of notice at Kshs. 54,592 and 12 months' salary in compensation at Kshs. 655,104
Remedies
- Reinstatement
- Compensation
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