Kenya Union of Domestic Hotels Educational Institutions Hospitals and Allied Workers v Majiwa Secondary School [2017] KEELRC 848 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 848
- Citation
- [2017] KEELRC 848 (KLR)
- Decided
- 15 June 2017
Summary at a glance
TypeWrongful DismissalPostureAppeal from an original trialCoramMAUREEN ONYANGO
The dismissal was unfair and the Claimant is awarded Kshs. 122,374 in total.
Facts
The Grievant Patrick Lumumba Obudo was employed by Majiwa Secondary School as an Artisan on May 2, 2001. He was suspended on September 2, 2008, and dismissed on December 4, 2008. The Claimant union intervened and filed a claim on November 2, 2011.
Issues
- Fair dismissal procedure
- Service gratuity and leave days
Reasoning
The court found the dismissal unfair due to non-compliance with the fair dismissal procedure and service gratuity rules. The court awarded notice, leave days, service gratuity, and compensation.
Outcome
Claimant's claim upheld
Orders
- Notice of 3 months
- Service gratuity of Kshs. 44,500
- Leave days of Kshs. 11,125
- Compensation of Kshs. 53,400
Remedies
- Notice of 3 months
- Service gratuity of Kshs. 44,500
- Leave days of Kshs. 11,125
- Compensation of Kshs. 53,400
Authorities cited
⚠ 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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