Maurice Ajwang Owuor v Catholic University of Eastern Africa [2019] KEELRC 344 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 344
- Citation
- [2019] KEELRC 344 (KLR)
- Decided
- 7 November 2019
Summary at a glance
TypeLabor DisputePosturePetition for InjunctionCoramMaureen Onyango
The court finds the respondent's actions unreasonable and in violation of the Employment Act, and grants an injunction to reinstate allowances and review terms of contract.
Facts
The applicant was appointed as a Senior Lecturer and Dean of Faculty of Law by the respondent. His allowances were stopped in February 2019 without notice, and he was paid a nil salary in March 2019.
Issues
- Unreasonableness of the respondent's stoppage of allowances
- Validity of the respondent's decision to stop allowances
- Right to a fair hearing
Reasoning
The court ruled that the respondent's actions were unreasonable and in violation of the Employment Act, as the contract was to be renewed upon satisfactory performance, not due to absconding duty.
Outcome
Injunction granted
Orders
- Reinstatement of allowances for February and March 2019
- Review of terms of renewal pending hearing
Remedies
- Reinstatement of allowances
- Review of contract terms
Authorities cited
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