Ouma v Shree Swaminarayan Academy (Cause E827 of 2022) [2025] KEELRC 639 (KLR) (28 February 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 639
- Citation
- [2025] KEELRC 639 (KLR)
- Decided
- 28 February 2025
Summary at a glance
TypeUnfair DismissalPostureAppeal from an original trial decisionCoramSC RUTTO
The Voluntary Separation Agreement dated 14th April 2022 is binding on the Claimant. The termination was not unfair and unlawful.
Facts
Claimant, Joab Isaac Ouma, was employed as a School Principal by Respondent, Shree Swaminarayan Academy, from March 12, 2013, until April 14, 2022. He was terminated on April 14, 2022, and issued a Voluntary Separation Agreement.
Issues
- Whether the Voluntary Separation Agreement dated 14th April 2022 is binding on the Claimant
- Whether the termination was unfair and unlawful
Reasoning
The Court found that the Claimant signed the Voluntary Separation Agreement willingly and that he was not coerced or manipulated into signing it. The Court also noted that the Claimant was aware of the terms of the agreement and held the position of a School Principal, making him well aware of its implications.
Outcome
Affirming the original decision
Authorities cited
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