Jane Kirigo Gikuhi v Mount Kenya Academy Foundation [2019] KEELRC 1346 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1346
- Citation
- [2019] KEELRC 1346 (KLR)
Summary at a glance
TypeLabor DisputePostureAppeal from an order granting an interim injunctionCoramNzioki wa Makau
The court finds that the termination of the Claimant's employment was procedurally unfair and invalid, and suspends the declaration of redundancy pending further hearing.
Facts
The Claimant, Jane Kirigo Gikuhi, was a deputy principal at Mount Kenya Academy Foundation. She was terminated on account of redundancy on May 1, 2019. The Respondent, Mount Kenya Academy Foundation, claimed low enrollment as the reason for the redundancy.
Issues
- Whether the termination of the Claimant's employment was procedurally fair and in accordance with the Employment Act
- Whether the Respondent's decision to terminate the Claimant's employment was valid and genuine
Reasoning
The court ruled that the Respondent did not follow the statutory requirements for redundancy, including providing at least one month's notice and consulting with the employee.
Outcome
The court granted the Claimant's application for an interim injunction and suspended the declaration of redundancy.
Orders
- Interim injunction against the Respondent to prevent the Claimant from being dismissed from employment
- Suspension of the declaration of redundancy pending further hearing
Remedies
- Interim injunction
- Suspension of redundancy declaration
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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