Zackaria Kiarie Gathengera v East African Mission Orphanage [2016] KEELRC 1686 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1686
- Citation
- [2016] KEELRC 1686 (KLR)
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
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