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National Union Of Nurses v County Government Of West Pokot & another [2022] KEELRC 14715 (KLR)

[2022] KEELRC 14715 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
14715
Citation
[2022] KEELRC 14715 (KLR)
Decided
25 February 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial decisionCoramAbuodha Nelson Jorum
Holding

The Court finds the claim unmerited and dismisses it.

Facts

The claimant, National Union of Nurses, alleged that the County Government of West Pokot and the West Pokot County Public Service Board summarily dismissed more than 55 nurses on February 19, 2019, without proper procedures. The respondents denied the allegations and stated that the nurses were dismissed for participating in an unprotected strike.

Issues

  1. Whether the summary dismissal of the nurses was procedurally fair
  2. Whether the dismissal was discriminatory
  3. Whether the nurses were entitled to the same terms and conditions as permanent employees

Reasoning

The Court dismissed the claimant's allegations, finding that the nurses were summarily dismissed for participating in an unprotected strike, which was suspended by the court. The Court also noted that some nurses had been absorbed into permanent and pensionable terms of service.

Outcome

The claim is dismissed.

Authorities cited

Legislation (3)
  • County Governments Act
  • Employment Act
  • Constitution of Kenya
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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