Boniface Wambugu Wachira v Diocese of Meru Trustees (Registered) t/a St.Theresa Mission Hospital – Kiirua [2017] KEELRC 973 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 973
- Citation
- [2017] KEELRC 973 (KLR)
- Decided
- 14 July 2017
Summary at a glance
TypeUnfair DismissalPostureClaimant WinsCoramByram Ongaya
The termination was unfair as there was no valid reason for dismissal and the claimant was not given a chance to cross-examine the visitors.
Facts
Claimant was dismissed as a security guard after two ladies visited a patient outside visiting hours. The claimant was suspended and later dismissed for allegedly accepting a bribe. The claimant filed a suit for unfair termination.
Issues
- Whether signing the discharge note precluded the claimant from filing the suit for unfair termination.
- Whether the termination was unfair.
Reasoning
The court found that the respondent's actions did not accord the claimant a notice and a hearing as required by the Employment Act, 2007. The court awarded the claimant 6 months' gross salaries for unfair termination.
Outcome
Claimant Wins
Orders
- 6 months' gross salaries at the rate of the monthly pay as at termination and to pay by 01.09.2017 failing interest at court rates to be payable thereon at court rates till full payment.
- The respondent to pay the claimant's costs of the suit.
Remedies
- 6 months' gross salaries
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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