Simon Kirobi Kariri v United Nations Sacco Society Limited [2019] KEELRC 325 (KLR)

Facts

The claimant was employed as a Procurement Officer by the respondent for a fixed term of 5 years. The contract was subject to a probationary period of 6 months. The claimant was terminated on April 17, 2019, due to unsatisfactory performance.

Issues

1. Whether the termination was procedurally fair
2. Whether the termination was procedurally unfair
3. Whether the termination was procedurally unlawful

Reasoning

The termination was in accordance with the contractual clause on termination of the contract. The claimant had serious constraints in his work relationship with the respondent's managers, and the termination of the probationary appointment was the best action for both parties' convenience.

Outcome

Judgment for the respondent, dismissing the claimant's suit with each party bearing their own costs and the respondent delivering a certificate of service.

Authorities cited