Stephen Gachie Macharia v Registered Trustees of the Sisters of Mercy (Kenya) t/a “Mater Misericordiae Hospital [2020] KEELRC 131 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 131
- Citation
- [2020] KEELRC 131 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureAppeal from a Labour Relations Court decisionCoramJames Rika
Holding
The Court declines the application and orders the claim to be processed for full hearing.
Facts
The Claimant, Dr. Stephen Gachie Macharia, sought to have the letter of termination dated 29th September 2020 set aside and to be reinstated. The Respondent, Registered Trustees of the Sisters of Mercy (Kenya) t/a ‘Mater Misericordiae Hospital’, relied on the Affidavit of its Legal Services Manager, Everlyn M. Maina.
Issues
- Setting aside the letter of termination
- Reinstatement
Reasoning
The Court finds the orders sought are substantive and should be considered on full trial. The Claimant has not shown exceptional circumstances warranting reinstatement.
Outcome
Appeal dismissed
Orders
- Application declined
- Claim to be processed for full hearing
- No order on costs
Remedies
- Reinstatement with back pay if the Claimant establishes the claim on full trial
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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