Gakumo v Thika Technical Training Institute (Cause E185 of 2021) [2024] KEELRC 2408 (KLR) (3 October 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2408
- Citation
- [2024] KEELRC 2408 (KLR)
- Decided
- 3 October 2024
Summary at a glance
TypeUnlawful and Unfair Termination of EmploymentPostureAppeal from an original trial decisionCoramNDOLO
The termination of the Claimant’s employment was substantively and procedurally unfair, and he is awarded four (4) months’ salary in compensation and one (1) month’s salary in lieu of notice.
Facts
The Claimant was employed as a Finance Officer by the Respondent on December 1, 2017, with a probation period of three months. The Respondent terminated his employment on February 28, 2018, citing conict of interest. The Claimant claims the termination was unfair.
Issues
- Whether the termination of the Claimant’s employment was lawful and fair
- Whether the Claimant is entitled to the remedies sought
Reasoning
The Court found that the reason for termination, conict of interest, was not supported by evidence and that the Claimant was not afforded procedural fairness. The Court awarded compensation and notice pay.
Outcome
In favour of the Claimant
Orders
- Award of 4 months' salary in compensation
- Award of 1 month's salary in lieu of notice
Remedies
- Compensation
- Notice Pay
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.
Loading judgment…