Chang'awa v Gertrude’s Children Hospital (Cause 2203 of 2016) [2022] KEELRC 1310 (KLR) (6 July 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1310
- Citation
- [2022] KEELRC 1310 (KLR)
- Decided
- 6 July 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial decisionCoramJK GAKERI, Radido
Holding
The termination of employment was found to be unfair and unlawful due to the lack of valid and fair reasons and procedural fairness.
Facts
Jerome Chang'awa was employed by Gertrude's Children Hospital as a shambaman/cleaner and later promoted to pharmacy supplies officer. He was suspended for misconduct and later dismissed indefinitely. He claims wrongful dismissal, unpaid salary, and damages.
Issues
- Whether the termination of employment was unfair and/or unlawful
- Whether the Claimant is entitled to the reliefs sought
Reasoning
The court found that the reasons given in the notice to show cause and the letter of summary dismissal were inconsistent, and the termination was based on a valid reason but lacked procedural fairness.
Outcome
The claim is upheld, and the respondent is ordered to pay notice pay, outstanding salary, and damages.
Orders
- The respondent is ordered to pay notice pay of Kshs.381,192.82
- The respondent is ordered to pay outstanding salary of Kshs.285,894.60
- The respondent is ordered to pay damages of Kshs.1,143,578.40
- The respondent is ordered to pay unpaid house allowance of Kshs.3,579,897.60
Remedies
- Reinstatement of the Claimant in the alternative
- Certificate of service
Authorities cited
Legislation (1)
- Employment Act
Cases cited (2)
- Pius Machafu Isindu v Lavington Security Guards Limited (2017) eKLR
- Walter Ogal Anuro v Teachers Service Commission (2017) 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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