Olga Anyango Okello v Registered Trustees of the Sisters of Mercy (Kenya) t/a the Mater Hospital [2021] KEELRC 712 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 712
- Citation
- [2021] KEELRC 712 (KLR)
- Decided
- 27 September 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramLenaola, Ndolo, O.N Makau, Ongaya, Radido, Rika
Holding
The Court finds in favor of the Claimant and orders her to be paid one month's salary as notice, two months' salary as compensation for unlawful termination, costs of the suit, and interest on the sums in the above amounts.
Facts
Olga Anyango Okello was terminated by The Registered Trustees of the Sisters of Mercy (Kenya) t/a The Mater Hospital during her probation period. She claimed unfair termination, wrongful dismissal, and unlawful withholding of terminal dues.
Issues
- Unfair termination during probation
- Compensation for unlawful termination
Reasoning
The Court ruled that the termination was inconsistent with Articles 24, 41, and 47 of the Constitution due to the probationary nature of the Claimant's employment.
Outcome
In favor of the Claimant
Orders
- One month's salary as notice
- Two month's salary as compensation for unlawful termination
- Costs of the suit
- Interest on the sums in i) and ii) above at Court rates from the date of judgment till payment in full
Authorities cited
Cases cited (1)
- Monica Munira Kibuchi & 6 Others v Mount Kenya University; Attorney General (Interested Party) [2021] 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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