Muchoki v Nakuru Water and Sanitation Services Company Limited (Cause E002 of 2023) [2023] KEELRC 468 (KLR) (21 February 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 468
- Citation
- [2023] KEELRC 468 (KLR)
- Decided
- 21 February 2023
Summary at a glance
TypeEmployment DisputePostureInterlocutory ApplicationCoramHS WASILWA
Suspension is unlawful and set aside. Claimant ordered to return to work with back pay. Respondent free to institute proper disciplinary processes within 3 months.
Facts
Claimant Wanjiru Muchoki was employed by Respondent Nakuru Water and Sanitation Services Company Limited as an assistant Human Resource officer in 2009. She was promoted to acting Human Resource and Administration manager in early 2020 and confirmed in the position in June 2022. She was suspended without cause in November 2022.
Issues
- Unlawfulness of suspension
- Payment of withheld emoluments
- Restraint from termination
Reasoning
Suspension was not preceded by notice or disciplinary hearing and is not supported by the HR manual. Process leading to suspension was irregular and awed.
Outcome
Claimant ordered to return to work with back pay
Orders
- Order directing Respondent to unconditionally lift suspension and reinstate Claimant with no loss of seniority, privileges, salaries, allowances and benefits
- Order directing Respondent to immediately pay Claimant withheld emoluments
- Order restraining Respondent from terminating Claimant's employment
Remedies
- Back pay
- Restoration to work
Authorities cited
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