JUDGMENT OF THE COURT
The appellant, the Board of Management, Ng’araria Girls Secondary School (the then Respondent) was sued by the respondent (the then Claimant) vide a Memorandum of Claim dated 14th February, 2015 and lodged at the Employment and Labour Relations Court (hereinafter ‘ELRC’) on 12th March, 2015. The respondent framed the issue in dispute as “unfair termination of five (5) (sic) employees” namely:-
(i) BONIFACE NDUNG’U GICHU
(ii) JOSEPH MWAI MWANGI
(iii) PETER NDUATI KARIUKI
(iv) SUSAN NJOKI
(v) PATRICK GATHAIYA NJIIRI; and
(vi) GABRIEL MIAKO MWANGI.
The Respondent took up the responsibility of representing the above named employees before the trial court pursuant to its mandate as the Union representing employment interests of all non-teaching staff in all educational institutions, or anyone employed by the defunct Board of Governors (B.O.G.), which has since been replaced by Boards of Management (B.O.M.’s).
At the crux of the dispute between the parties herein was the allege…