Richard Owino Odera v Star of the Sea High School & another [2018] KEELRC 571 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 571
- Citation
- [2018] KEELRC 571 (KLR)
- Decided
- 22 November 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureClaimant's AppealCoramJames Rika
Holding
Termination was unfair and the Respondents are ordered to pay 1 month salary in lieu of notice and 12 months' salary in compensation for unfair termination.
Facts
Claimant was employed as a Computer Teacher by Respondents from 2007. He was terminated on 26th November 2016 without notice or compensation. The Respondents retained him despite a Computer Teacher being posted by the Teachers Service Commission.
Issues
- Unfair termination
- Compensation for underpayment of salary
Reasoning
The termination was not based on valid reasons and was not carried out in accordance with fair procedure, falling short of statutory standards.
Outcome
Claimant's appeal successful
Orders
- Termination declared unfair
- Respondents to pay 1 month salary in lieu of notice and 12 months' salary in compensation for unfair termination
- Costs to the Claimant
- Interest allowed at 14% per annum
Remedies
- Compensation for underpayment of salary
- 1 month salary in lieu of notice
- 12 months' salary in compensation for unfair termination
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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