Keiyo v Moi Educational Centre (Cause 104 of 2019) [2023] KEELRC 2378 (KLR) (28 September 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2378
- Citation
- [2023] KEELRC 2378 (KLR)
- Decided
- 28 September 2023
Summary at a glance
TypeUnfair DismissalPostureAppeal from the original trialCoramM MBARŨ, J
The claimant's dismissal was found to be unfair and unlawful.
Facts
The claimant was dismissed by the respondent on 28 February 2019 for failing to hand over to the newly appointed Senior Teacher. The respondent claimed the claimant failed to hand over historical data and targets.
Issues
- Unfair dismissal
- Wrongful termination
- Reshuffle of employees
Reasoning
The court found that the employer's decision to restructure and reshuffle employees was not in compliance with the mandatory provisions of the Employment Act, 2007. The handing over process was subjective and not conducive for the claimant to undertake her duties.
Outcome
Unfair dismissal
Orders
- Removal of unfair dismissal
- Reinstatement of claimant
Remedies
- Removal of unfair dismissal
- Reinstatement of claimant
Authorities cited
⚠ 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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