Patrick Lumumba Lumula v Board of Management Eregi Teachers Training College [2019] KEELRC 793 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 793
- Citation
- [2019] KEELRC 793 (KLR)
- Decided
- 26 September 2019
Summary at a glance
TypeEmployment DisputePostureAppeal from an original trial decisionCoramHon. Justice Mathews N. Nduma
The court found the retirement was not for a valid reason and the procedure was not fair.
Facts
Claimant was employed as a security guard and was suspended for two weeks in February 2014. He was later retired in public interest on March 16, 2014. The claimant alleged the suspension and retirement were unfair.
Issues
- Whether the claimant's retirement in public interest was for a valid reason and done following a fair procedure.
- Whether the claimant is entitled to the reliefs sought.
Reasoning
The court determined that the reasons for suspension and retirement were vague and lacked particulars, and that the procedure did not follow the collective bargaining agreement.
Outcome
The claimant's retirement in public interest was set aside.
Orders
- The claimant's retirement in public interest was set aside.
Remedies
- The claimant is entitled to the reliefs sought.
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