Mbogo v Board of Management Gatero Girls Secondary School (Cause 09 of 2015) [2023] KEELRC 2385 (KLR) (5 October 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2385
- Citation
- [2023] KEELRC 2385 (KLR)
- Decided
- 5 October 2023
The court finds that the claimant's suspension and subsequent dismissal were wrongful, unfair, and unlawful.
Facts
The claimant, Dominic Kibira Mbogo, was engaged as a groundman by the respondent, Board of Management Gatero Girls Secondary School, in 1993. He was suspended from duty on April 17, 2014, and his last paid gross salary was Kshs. 8,275/= for January 2014. The claimant claims he was unfairly terminated and seeks compensation.
Issues
- Was the claimant unfairly and unlawfully terminated?
- Is the claimant entitled to the reliefs sought in the claim?
- Who meets the costs in this cause?
Reasoning
The court considers the claimant's last paid gross salary to be Kshs. 10,625/=. The court finds that the claimant's salary decreased without explanation and that the dismissal was wrongful.
Outcome
The claimant is awarded a total of Kshs. 148,750/= in salary arrears, in lieu of notice, and for wrongful, unfair, and unlawful dismissal. Costs of the cause are awarded to the claimant.
Orders
- A declaration that the indefinite suspension and subsequent dismissal were wrongful, unfair, and unlawful.
- Award of Kshs. 148,750/= to the claimant.
- Award of costs of the cause to the claimant.
Remedies
- Declaration of wrongful dismissal.
- Compensation for wrongful dismissal.
- Costs awarded to the claimant.
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