Lydia Njeri Ng’ang’a v Board of Management, Birithia Girls Secondary School [2016] KEELRC 1474 (KLR)

The respondent's witness testified that store keeper, matron and cateress were in the same job category. The claimant did not plead specific damages as a matron and the evidence was unclear on any agreement and the overtime hours claimed. The court therefore found the claimant had failed to establish these prayers and dismissed them.

The claimant was dismissed without notice or hearing as required by section 41 of the Employment Act. The respondent did not rebut the claimant's evidence that the real reason for dismissal was her resistance to forced irregular food supplies, which she had reported to a respondent's member with no action taken. Considering her over 10 years of service and the aggravating circumstances, 12 months' salary was awarded.

The claimant gave no evidence supporting the uniform claim for 1998 to 2009 and 2012, and the court found it was not established.

The parties were bound by a collective agreement whose provisions entitled the claimant to gratuity; the earlier consent order for gratuity had been set aside only because of a dispute whether she served as cateress or matron. The claim therefore succeeded.