Elizabeth Agutu Odhiambo v Waumini Sacco Society [2018] KEELRC 63 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 63
- Citation
- [2018] KEELRC 63 (KLR)
- Decided
- 20 December 2018
The court granted an interim conservatory injunction order to retain the petitioner in her position as Marketing Manager without reduction of salary and without breaching the contract of employment.
Facts
Petitioner was demoted from Marketing Manager to Customer Care Officer, had her salary reduced from Kshs. 110,000 to Kshs. 75,000, and was transferred from Nairobi to Nakuru. She filed a petition seeking to retain her position and salary, and to prevent the respondent from enlisting another person in her position.
Issues
- Whether the demotion and salary reduction were procedurally and substantively fair
- Whether the respondent's unilateral decision to appoint the petitioner as Marketing Manager was valid
- Whether the respondent's actions violated the petitioner's contract of employment and human resource policy
Reasoning
The court found that the respondent's unilateral decision to appoint the petitioner as Marketing Manager was not procedurally fair and violated the petitioner's contract of employment and human resource policy.
Outcome
Petitioner's application granted
Orders
- Interim conservatory injunction order to retain petitioner in her position as Marketing Manager without reduction of salary and without breaching the contract of employment
Remedies
- Interim conservatory injunction order to retain petitioner in her position as Marketing Manager without reduction of salary and without breaching the contract of employment
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