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Elton Barasa v One Acre Fund [2018] KEELRC 2480 (KLR)

[2018] KEELRC 2480 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2480
Citation
[2018] KEELRC 2480 (KLR)
Decided
1 February 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramHon. Lady Justice Maureen Onyango, MATHEWS NDERI NDUMA
Holding

The termination was found to be unfair as it was not procedurally fair and the Respondent failed to prove the reason for termination was valid.

Facts

Elton Barasa was employed by One Acre Fund as a field officer. He was placed on performance-related probation and subsequently terminated on grounds of poor performance. The termination was based on his alleged undisciplined behavior and failure to participate in team building sessions.

Issues

  1. whether the termination was unfair
  2. whether the Claimant is entitled to the remedies sought

Reasoning

The Court found that the termination was unfair because it was not based on valid reasons and the Respondent did not follow fair procedure.

Outcome

The appeal was upheld, and the termination was declared unfair.

Orders

  • Declaration that the termination was unfair
  • Compensation as per clause 6 with interest
  • Costs of the suit

Remedies

  • Declaration of unfair termination
  • Compensation
  • Costs

Authorities cited

Legislation (1)
  • Employment Act
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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