Peter Wafula Wasike v Lockwood Girls’ High School [2017] KEELRC 921 (KLR)

Summary at a glance

Facts

The Claimant, Peter Wafula Wasike, was employed as Principal of Lockwood Girls' High School from August 2012 to August 2014. The Respondent terminated his contract on August 28, 2014, citing poor performance and insufficient student population.

Issues

• whether the termination of the Claimant's contract was unfair
• whether the Claimant had outstanding off days/public holidays by time of separation
• whether the Claimant worked overtime
• whether the Claimant had outstanding leave by time of separation
• whether Claimant was underpaid and appropriate remedies

Reasoning

The Court held that the termination was procedurally unfair due to the lack of written notice and procedural fairness, and awarded the Claimant salary arrears and compensation.

Outcome

The Claimant was awarded Kshs 1,427,926/- in total, including salary arrears and compensation.

Orders

• Pay in lieu of notice not available
• Award of Kshs 587,926/- in salary arrears
• Award of Kshs 840,000/- in compensation

Remedies

• Salary arrears
• Compensation

Authorities cited