Board of Management Friends School Senende v Abwala (Employment and Labour Relations Appeal E047 of 2022) [2024] KEELRC 1432 (KLR) (13 June 2024) (Judgment)

Summary at a glance

Facts

The Respondent Patrick Luvayo Abwala was employed as a Grounds man by the Appellant Board of Management Friends School Senende. He was suspended on March 14, 2019, and later terminated. The Respondent claimed unfair termination and sought terminal dues.

Issues

• Whether the trial court erred in finding that the Respondent was unlawfully dismissed
• Whether the trial court erred in failing to make a finding that the Respondent was lawfully suspended
• Whether the trial court erred in awarding the Respondent money for leave allegedly due
• Whether the trial court erred in computing the terminal benefits

Reasoning

The court found that the trial court correctly determined that the Respondent was lawfully suspended and that the award of leave dues was justified. The appeal was dismissed as it was an afterthought and did not present valid grounds for variation or discharge of the judgment.

Outcome

Appeal dismissed

Orders

• The appeal is dismissed with costs