Reverend Geoffrey Dida v ACK Diocese of Malindi [2018] KEELRC 1915 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1915
- Citation
- [2018] KEELRC 1915 (KLR)
- Decided
- 5 June 2018
The Claimant's claim for unfair termination of employment fails and is dismissed. The claims for one month's salary in lieu of notice, leave pay for 2016, Sacco contributions, spouse allowance, and welfare contributions are also dismissed.
Facts
The Claimant, Reverend Geoffrey Dida, was a clergyman in the Diocese of Malindi. He requested to be released to the Diocese of Marsabit due to relocation needs. The Bishop of Malindi wrote a release letter to the Bishop of Marsabit, releasing the Claimant to Marsabit. The Respondent stopped the Claimant's salary and allowances effective August 2016.
Issues
- Whether the Claimant has proved a case of unfair termination of employment
- Whether the Claimant is entitled to the remedies sought
Reasoning
The Court found that the parties decided to activate a known and well-established practice within the Anglican Church where a clergyman can move from one Diocese to another. The Claimant did not expect to be released until he was accepted and absorbed in the Diocese of Marsabit, which was not a legitimate expectation.
Outcome
The Claimant's claim is dismissed.
Orders
- The parties will bear their own costs.
Authorities cited
Legislation (1)
- Employment Act, 2007
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