Zipporah Machocho v Badala Nursery & Primary School [2019] KEELRC 731 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 731
- Citation
- [2019] KEELRC 731 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMixed Grill ClaimPostureClaimant's case was heard after Respondent's response and written submissionsCoramVisram
Holding
The termination of the Claimant’s employment was substantively and procedurally unfair, and she is entitled to compensation.
Facts
Claimant was employed by Respondent from September 2003 to March 2015. She was terminated on April 30, 2015, due to an alleged occupational disease. The Claimant claimed unfair termination and discrimination.
Issues
- Whether the termination of the Claimant’s employment was lawful and fair
- Whether the Claimant has proved a case of occupational disease
- Whether the Claimant has proved a case of discrimination
- Whether the Claimant is entitled to the remedies sought
Reasoning
The Court found that the termination was unfair due to the lack of support for the Claimant and the lack of proof of the alleged lateness. The medical condition was deemed an occupational disease.
Outcome
The Claimant is entitled to compensation for the unfair termination.
Remedies
- Compensation for the unfair termination
Authorities cited
Cases cited (2)
- Kennedy Nyagucha Omanga v Bob Morgan Services Limited (Cause No 1983 0f 2011)
- Statpack Industries v James Munyao (2005) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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