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Zackaria Kiarie Gathengera v East African Mission Orphanage [2016] KEELRC 1686 (KLR)

[2016] KEELRC 1686 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1686
Citation
[2016] KEELRC 1686 (KLR)
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeUnfair Termination of EmploymentPostureAppeal from an original trial decisionCoramRadido Stephen
The dismissal of the Claimant was fair, but he is entitled to certain dues accruing from the employment relationship as agreed before the Labour Officer.

Facts

The Claimant, Zackaria Kiarie Gathengera, was dismissed by the East African Mission Orphanage on June 14, 2013, for unsatisfactory performance and conduct. The Respondent informed the Claimant of the dismissal and provided an opportunity for representation.

Issues

  • Whether the dismissal of the Claimant was unfair
  • Whether appropriate remedies can be awarded

Reasoning

The Court found that the dismissal was procedurally fair and substantively fair, as the reasons given were valid and fair. The parties had gone through conciliation and an agreement was signed.

Outcome

The Claimant is awarded Kshs 62,922/- as agreed before the Labour Officer on 18 October 2013.

Remedies

  • Entitlements arising out of the employment relationship
  • Dues agreed before the Labour Officer

Authorities cited

Legislation (1)
  • Employment Act, 2007
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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