Kiarie v Board of Management Nguku Secondary School (Employment and Labour Relations Appeal E013 of 2024) [2025] KEELRC 795 (KLR) (12 March 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 795
- Citation
- [2025] KEELRC 795 (KLR)
- Decided
- 12 March 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureFirst appeal from a judgment of the Honourable J.Irura (SPM)CoramON MAKAU
Holding
The dismissal of the appellant was not unfair and the relief sought in the lower court was not merited.
Facts
The appellant Esther Njeri Kiarie was dismissed by the respondent Board of Management Nguku Secondary School. The appellant claims she was called back to school but never received a termination notice.
Issues
- Whether the dismissal of the appellant was unfair and unlawful.
- Whether relief sought in the lower court were merited.
- What appropriate orders should this court make?
Reasoning
The court re-evaluated the evidence and found that the appellant was dismissed without notice and without any communication from the respondent. The court also found that the appellant was not summoned by the respondent.
Outcome
The appeal is dismissed.
Orders
- The appeal be allowed.
- The Judgment delivered on the 30th of May 2024 and all consequential orders be set aside in so far as they are against the Appellant.
- Costs of this appeal be awarded to the Appellant.
- Any other further relief that this Honourable court shall deem fit and expedient to grant.
Authorities cited
Legislation (1)
- Employment Act
Cases cited (1)
- Selle v Associated Motor Boat Company Ltd (1968) EA 123
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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