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Njuguna v VFS (Kenya) Limited (Employment and Labour Relations Cause 1055 of 2017) [2023] KEELRC 2860 (KLR) (2 November 2023) (Judgment)

[2023] KEELRC 2860 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2860
Citation
[2023] KEELRC 2860 (KLR)
Decided
2 November 2023
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeEmployment DisputePostureClaimant seeks to declare termination unfair and seeks damagesCoramK OCHARO
The dismissal was procedurally fair but substantively unfair.

Facts

Claimant was dismissed by Respondent as Submission Officer at Level P5 for alleged misconduct. She was provided with a notice of disciplinary meeting and was accompanied by a colleague.

Issues

  • Whether the dismissal was procedurally and substantively fair
  • Whether the Claimant is entitled to the reliefs sought

Reasoning

The court held that the dismissal was procedurally fair as the Claimant was notified of the charges and allowed to be accompanied by a colleague. However, the substantive justification for the dismissal was not established.

Outcome

The dismissal was declared procedurally fair but substantively unfair.

Remedies

  • The Claimant is not entitled to the reliefs sought

Authorities cited

Legislation (1)
  • Employment Act
Cases cited (2)
  • Walter Anuro Ogal v Teachers Service Commission (2013) eKLR
  • Mary Chemweno Kiptui v. Kenya Pipeline Company Limited [2014] eKLR
⚠ 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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