Kenya Union of Domestic, Hotels, Educational Institutions, Hospital & Allied Workers v B.O.M Deb Gichiche Primary School [2019] KEELRC 1368 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1368
- Citation
- [2019] KEELRC 1368 (KLR)
- Decided
- 13 June 2019
Summary at a glance
TypeLabour DisputePostureClaimant's Motion for JudgmentCoramNzioki wa Makau
The court finds the termination of the Grievant's employment procedurally unfair and orders compensation for one month's salary in lieu of notice, salary for October and November 2015, underpayment between 2013 and 2015, and 12 months' salary compensation.
Facts
The Grievant, John Njiru Musa, was a watchman at B.O.M Deb Gichiche Primary School. He was dismissed verbally and subsequently arrested for failing to prevent a felony at the school. He sought compensation for salary arrears, salary increment, and other benefits.
Issues
- Procedural fairness in termination of employment
- Compensation for unlawful dismissal and underpayment
Reasoning
The court held that the dismissal was unfair due to the lack of a formal hearing and procedural safeguards, and awarded compensation based on the statutory limits.
Outcome
Judgment for the Claimant
Orders
- One month’s salary in lieu of notice Kshs. 4,000/-
- Salary for October and November 2015 – Kshs. 8,000/-
- Underpayment between 2013 and 2015 – Kshs. 73,392/-
- 12 months salary compensation – Kshs. 48,000/-
- Costs of the suit
- Certificate of service
Remedies
- Compensation for salary arrears and underpayment
- Notice of termination
- Hearing
Authorities cited
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