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Wakoli Fredrick Kasembeli & another v Wakoli Fredrick Kasembeli [2018] KEELRC 2129 (KLR)

[2018] KEELRC 2129 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2129
Citation
[2018] KEELRC 2129 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial decisionCoramJean-Luc Jacquier Christoph Luedi, François Mounis, Paul Rungu Murwithania, Sylvia N. Lokong
Holding

The Court held that the termination of the Claimants' employment was not lawful and fair.

Facts

The Claimants, Wakoli Fredrick Kasembeli and Josephat Ayodi Luseno, were employed by the International Committee of the Red Cross (ICRC). Allegations of forgery of employee loan application documents were made against them. The ICRC terminated their employment on 29th October 2012.

Issues

  1. Whether the termination of the Claimants' employment was lawful and fair.
  2. Whether the Claimant is entitled to the remedies sought.

Reasoning

The Court found no connection between the investigation into forged loan application documents and the termination of the Claimants' employment. The Court concluded that the termination was not a valid reason as required by the Employment Act, 2007.

Outcome

The Court found in favor of the Claimants, ordering the ICRC to pay 12 months' salary in compensation.

Orders

  • ICRC to pay 12 months' salary in compensation to the Claimants.

Authorities cited

Legislation (1)
  • Employment Act, 2007
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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