John Mchongo v Kenya National Examinations Council [2019] KEELRC 578 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 578
- Citation
- [2019] KEELRC 578 (KLR)
- Decided
- 17 October 2019
The Court finds the summary dismissal unfair and unjustified, and awards the Claimant 1 month's salary in lieu of notice, 6 months' salary as compensation for unfair dismissal, and costs of the suit.
Facts
The Claimant, John Mchongo, was employed as a computer operator by the Respondent, Kenya National Examinations Council, from October 4, 1985. He was later promoted to a permanent and pensionable position on November 24, 1986. The Claimant was dismissed on January 4, 2004, without notice, due to his alleged absence from work and poor performance.
Issues
- Unlawful termination
- Discrimination
- Fair dismissal
Reasoning
The Court found that the Claimant was dismissed without due process and that his dismissal was not justified due to his alleged absence from work. The Court also noted that the Respondent was aware of the Claimant's health issues but did not treat him as a sick employee.
Outcome
Claimant wins
Orders
- Award of 1 month's salary in lieu of notice
- Award of 6 months' salary as compensation for unfair dismissal
- Award of costs of the suit
Remedies
- Compensation for unfair dismissal
- Costs of the suit
Authorities cited
Legislation (2)
- Employment Act Cap 226 (repealed)
- National Examination Council Terms and Conditions of Service, March 2003
Loading judgment…