Hedwig Nyalwal v Kenya Institute of Supplies Management [2020] KEELRC 402 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 402
- Citation
- [2020] KEELRC 402 (KLR)
Summary at a glance
TypeInterlocutory ApplicationPostureRespondent's application to stay interim injunction granted
Interim injunction granted to preserve Claimant's position pending determination of the suit
Facts
Claimant was employed by Respondent as Assistant Manager and later Head of Secretariat. Respondent terminated Claimant's employment without notice, citing illegal appointment.
Issues
- Whether Claimant has a prima facie case for reinstatement or compensation
- Whether Claimant is likely to suffer irreparable harm without interim relief
Reasoning
Court considered Giella v Cassman Brown & Company Limited principles and found prima facie case for reinstatement. Court ruled interim reinstatement impracticable.
Outcome
Interim injunction granted
Orders
- Preservation of Claimant's position pending suit determination
Remedies
- Preservation of Claimant's position
Authorities cited
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