Maurice Abwao Okwach v Chairman Board of Management Otieno Oyoo Secondary School [2018] KEELRC 262 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 262
- Citation
- [2018] KEELRC 262 (KLR)
- Decided
- 6 December 2018
Summary at a glance
TypeAppealPostureAppeal from a summary dismissalCoramMathews N. Nduma
The Appellant is entitled to payment in lieu of one month notice and service gratuity, totaling Kshs.226,369.
Facts
The Appellant Maurice Abwao Okwach was summarily dismissed by the Respondent Otieno Oyoo Secondary School on 8th February, 2005. The Appellant claimed unpaid salary and terminal benefits.
Issues
- Unpaid salary from January 2004 to February 2005
- Payment of service gratuity
- Conversion of summary dismissal to normal termination
- Procedural fairness in disciplinary hearing
Reasoning
The court found that the trial magistrate did not address the claim for unpaid salary and service gratuity, and failed to consider the evidence regarding the Appellant's qualifications.
Outcome
Appeal successful, Appellant awarded Kshs.226,369 in total.
Orders
- Payment of Kshs.226,369 to the Appellant
- Interest on the award from the date of filing suit till payment in full
- Respondent to pay costs of the trial and appeal
Remedies
- Payment of Kshs.226,369 to the Appellant
- Interest on the award from the date of filing suit till payment in full
- Respondent to pay costs of the trial and appeal
Authorities cited
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