Kenya County Government Workers Union v Mavoko Water and Sewerage Company (Cause E005 of 2022) [2023] KEELRC 2176 (KLR) (21 September 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2176
- Citation
- [2023] KEELRC 2176 (KLR)
- Decided
- 21 September 2023
Summary at a glance
TypeUnfair TerminationPostureAppeal from an original trialCoramMA ONYANGO
The termination was found to be unfair.
Facts
The Grievant, Cynthia Kavengi, was terminated by her employer, Mavoko Water and Sewerage Company, on July 16, 2020. She reported the incident to the Minister for Labour and a conciliator found the termination unfair and recommended reinstatement. The claimant filed a suit on behalf of the Grievant, seeking compensation and reinstatement.
Issues
- Whether the termination of the Grievant's employment was unfair
- Whether the Grievant is entitled to the remedies sought
Reasoning
The court found that the reason for termination was not substantiated, as the Grievant did not assault her supervisor and there was no evidence to support the claim of assault. The court also noted that the disciplinary hearing minutes were not properly signed.
Outcome
The court dismissed the claimant's case and ordered the reinstatement of the Grievant without loss of benefits.
Orders
- Reinstatement of the Grievant without loss of benefits
Remedies
- Compensation for Unlawful & Unfair Termination
Authorities cited
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