Mary Magero v Registered Trustees Windle Trust International – Kenya [2015] KEELRC 838 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 838
- Citation
- [2015] KEELRC 838 (KLR)
- Decided
- 2 June 2015
Summary at a glance
Facts
Claimant Mary Magero was a trained graduate teacher employed by the Respondent, Windle Trust International – Kenya. She was evacuated from her work station in Daadab Refugee Camp due to security concerns and fatwa. She took up a research job with the Danish Refugee Council and applied for sick leave, which the Respondent was aware of but did not take action.
Issues
- breach of dispute resolution mechanism
- unfair termination of employment
- notice and unpaid salaries
Reasoning
The Court determined that the Claimant's breach of contract by taking up a new job was not a valid reason for termination. The Respondent's failure to adhere to the contract terms and the lack of disciplinary measures taken against the Claimant were found to be unjustified.
Outcome
The Court ordered the Respondent to pay notice pay, compensation for unfair dismissal, and all accumulated salary.
Orders
- Order for notice pay
- Order for compensation for unfair dismissal
- Order for payment of accumulated salary
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