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Ogutu v St. Kevin Hills School (Cause 334 of 2018) [2022] KEELRC 12934 (KLR) (28 April 2022) (Judgment)

[2022] KEELRC 12934 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
12934
Citation
[2022] KEELRC 12934 (KLR)
Decided
28 April 2022
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeUnfair DismissalPostureClaimant's case heard ex-parteCoramAGNES KITIKU NZEI
Termination of employment was unfair

Facts

Claimant was employed as a teacher by Respondent from August 2009. In August 2017, Respondent terminated his employment on the grounds of lack of qualification, without notice or payment of dues.

Issues

  • Unfair dismissal
  • Unpaid salary
  • Unremitted NSSF and NHIF contributions
  • Service pay

Reasoning

Respondent did not comply with statutory provisions for termination and did not consider employee's representations.

Outcome

Claimant awarded one month salary in lieu of notice, salary for May, June and July 2017, and ten months' salary for unfair termination.

Remedies

  • One month salary in lieu of notice
  • Salary for May, June and July 2017
  • Ten months' salary for unfair termination

Authorities cited

Legislation (2)
  • Employment Act 2007
  • Section 41
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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