Anne Wino Misumi Gumbi v Youth Enterprise Development Fund Board [2018] KEELRC 38 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 38
- Citation
- [2018] KEELRC 38 (KLR)
- Decided
- 20 December 2018
Summary at a glance
TypeIndustrial DisputePostureClaimant's Amended Statement of Claim vs. Respondent's Memorandum of ResponseCoramD. K. N. Marete
The court finds the termination of employment to be wrongful, unfair, and unlawful.
Facts
Claimant Anne Wino Misumi Gumbi was employed by the Youth Enterprise Development Fund Board as a Marketing and Linkage Scheme officer. She was dismissed on 27th March, 2012, without a hearing. She claims wrongful termination and seeks reinstatement, compensation, and damages.
Issues
- Whether termination of employment was wrongful, unfair, and unlawful.
- Whether the claimant is entitled to the relief sought.
Reasoning
The court held that the claimant was not afforded a fair hearing before being summarily dismissed, in violation of the Employment Act and the respondent's Human Resource Manual.
Outcome
The claimant is entitled to reinstatement to employment without loss of benefits or break in years of service.
Orders
- Reinstatement to employment without any loss of benefits or break in years of service.
Remedies
- Reinstatement to employment without any loss of benefits or break in years of service.
- General and Exemplary Damages for unlawful termination.
Authorities cited
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