Star Publications Ltd v Simiyu (Civil Appeal 23 of 2018) [2023] KECA 23 (KLR) (26 January 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 23
- Citation
- [2023] KECA 23 (KLR)
- Decided
- 26 January 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Employment and Labour Relations CourtCoramF. OCHIENG, L. ACHODE, W. KORIR
Holding
The appeal is allowed, and the judgment of the trial court is vacated. The respondent's claim is dismissed. The parties shall meet their own costs.
Facts
Star Publications Ltd terminated John Wafula Simiyu's employment on February 13, 2015, for poor performance. Simiyu claimed wrongful termination and sought compensation.
Issues
- Whether the termination was lawful
- Whether the trial court erred in awarding ten months' salary as compensation
- Whether the trial court erred in directing the appellant to issue a certificate of service
Reasoning
The court found the termination was unlawful and awarded ten months' salary as compensation, which was against the weight of evidence. The court also found the trial court erred in directing the appellant to issue a certificate of service.
Outcome
Appeal allowed
Orders
- Dismissal of the respondent's claim in Kericho ELRC No. 240 of 2015
- Each party to meet their own costs of the proceedings at trial and on appeal
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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