Kenya Union of Domestic, Hotels, Education Institutions, Hospitals & Allied Workers v Salvation Army Primary School [2018] KEELRC 2180 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2180
- Citation
- [2018] KEELRC 2180 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeUnlawful Termination and Payment of Terminal DuesPostureAppeal from the original trialCoramHON. LADY JUSTICE HELLEN WASILWA
Holding
The dismissal in 2005 was lawful, but the dismissal in 2010 was unfair and unjustified. The Claimant is awarded service pay, unfair termination compensation, and notice pay.
Facts
Erastus Yogo Otieno was employed by Salvation Army Primary School as a Kitchen hand from 1978 to 2012. He was dismissed twice: once in 2005 for stealing sugar and again in 2010. He reported the disputes to the Ministry of Labour and was reinstated in 2009.
Issues
- Whether the dismissal in 2005 was lawful
- Whether the dismissal in 2010 was lawful
- Whether the Claimant is entitled to service pay and other benefits
Reasoning
The court found that the dismissal in 2005 was based on a disciplinary hearing, while the dismissal in 2010 was not followed by a proper process. The court awarded service pay and compensation for unfair termination.
Outcome
Claimant awarded 203,000/= plus costs and interest
Orders
- Service pay of 112,000/=
- Unfair termination compensation of 84,000/=
- Notice pay of 7,000/=
Remedies
- Service pay
- Unfair termination compensation
- Notice pay
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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