James Mwanyika Mwaselah v Kenya Airports Authority [2018] KEELRC 1315 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1315
- Citation
- [2018] KEELRC 1315 (KLR)
- Decided
- 27 July 2018
An order of injunction is issued suspending the contents of the Respondent’s letter dated 14 May 2018 re-designating and re-deploying the Claimant from job designation Clerk of Works - Electronics Grade S5 to job designation Technician, Electrical/Electronics Job Grade S5.
Facts
The applicant, a Clerk of Works - Electronics, was transferred to Eldoret Airport on November 13, 2017, and later re-designated as a Technician, Electrical/Electronics. The applicant appealed the transfer and filed legal proceedings alleging it was unlawful.
Issues
- Whether the Respondent should have consulted the applicant before re-designating and altering his terms of service.
- Whether the applicant's skills and services were required in Eldoret and if discussions were held before the transfer.
Reasoning
The Court found that consultations were necessary and that unilateral re-designation may constitute a breach of contract. The applicant established a prima facie case for the injunction.
Outcome
In favor of the applicant
Orders
- Order of injunction suspending the contents of the Respondent’s letter dated 14 May 2018
Remedies
- Injunction
Authorities cited
Legislation (2)
- Employment Act, 2007
- Transfer Policy
Cases cited (2)
- Elizabeth Kwamboka Khaemba v BOG Cardinal Otunga High School Mosocho & 2 Ors (2014) eKLR
- James Angawa Atanda & Ors v Judicial Service Commission (2017) eKLR
Loading judgment…