Pitynase Muthoni Kirigu v Board of Management, Chogoria Girls Boarding Primary School [2016] KEELRC 510 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 510
- Citation
- [2016] KEELRC 510 (KLR)
- Decided
- 14 October 2016
Summary at a glance
TypeEmployment DisputePostureAppeal from an original trial decisionCoramBYRAM ONGAYA
The court finds that the claimant's employment was constructively terminated and that the termination was not unfair. The claimant is not entitled to the remedies as prayed for, and the respondent is entitled to the refund of Kshs.594,339.50.
Facts
The claimant, Pitynase Muthoni Kirigu, was employed by the respondent, Chogoria Girls Boarding Primary School. She was suspended without pay for three months due to unpaid school money. She was given an opportunity to refund the money within three months, but failed to do so.
Issues
- Whether the claimant's employment was terminated wrongfully, unfairly, and illegally.
- Whether the constructive termination was unfair.
- Whether the claimant is entitled to the remedies as prayed for.
- Whether the respondent is entitled to the remedies in the counterclaim.
Reasoning
The court found that the claimant failed to make the refunds as per the terms of her suspension, leading to the constructive termination. The court also noted that the claimant signed a letter agreeing to refund the money, making the respondent entitled to the refund.
Outcome
Judgment for the respondent, ordering the claimant to pay the respondent Kshs.594,339.50 by 31.12.2016.
Orders
- Judgment for the respondent against the claimant for the refund of Kshs.594,339.50
Authorities cited
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