Kariuki v Trustees of Premier Academy Charitable Trust t/a Premier Academy (Cause 1420 of 2016) [2025] KEELRC 144 (KLR) (30 January 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 144
- Citation
- [2025] KEELRC 144 (KLR)
- Decided
- 30 January 2025
Summary at a glance
TypeUnlawful Termination of EmploymentPostureAppeal from the original trialCoramLINNET NDOLO
The termination of the Claimant's employment was lawful and fair.
Facts
The Claimant, Joyce Gathoni Kariuki, was employed as Human Resources Manager by Premier Academy. She was terminated by letter dated 4th December 2015 for allegedly transferring loyalty points (bonga points) from the school's mobile phone to her own.
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 applied the 'reasonable responses test' under Section 43 of the Employment Act, finding that the employer's belief in the Claimant's misconduct was reasonable.
Outcome
The Claimant's claim fails and is dismissed.
Orders
- Each party will bear their own costs.
Authorities cited
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