Kariuki v Board of Management, Moi Girls School, Nairobi (Cause 2291 of 2015) [2023] KEELRC 2189 (KLR) (22 September 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2189
- Citation
- [2023] KEELRC 2189 (KLR)
- Decided
- 22 September 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureAppeal from an original trial decisionCoramAN MWAURE
Holding
The claimant was not unfairly terminated as her employment was terminated without due process.
Facts
Claimant was employed as a school nurse from 1993 to 2014. She took unpaid study leave from February 15, 2012 to June 15, 2012. Claimant resumed work in September 2013 but was not reinstated. Claimant filed a memorandum of claim alleging unfair termination.
Issues
- Whether the claimant was unfairly terminated
- Whether the claimant resigned from her employment
Reasoning
The court found that the claimant was not terminated but advised to reapply for her position. The claimant's request for study leave was not tantamount to resignation. The court agreed that the claimant was not able to serve the school during her leave.
Outcome
Claimant's claim dismissed
Authorities cited
Legislation (2)
- Employment Act
- Civil Procedure Act
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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