Alfarooq Hospital Limited v Masinde (Civil Appeal E029 of 2022) [2025] KECA 892 (KLR) (7 March 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 892
- Citation
- [2025] KECA 892 (KLR)
- Decided
- 7 March 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Employment and Labour Relations Court of Kenya at MombasaCoramA. K. MURGOR, DR. K. I. LAIBUTA CArb, FCIArb., G. W. NGENYE-MACHARIA
Holding
The Court of Appeal upheld the Employment and Labour Relations Court's decision to declare the respondent unfairly and unlawfully terminated.
Facts
The respondent, Emily Catherine Masinde, was employed as a theatre supporting staff at Alfarooq Hospital from October 1, 2015. She was retrenched on May 1, 2018, without prior notice.
Issues
- Unfair termination
- Unpaid house allowance
- Unpaid annual leaves
- Unpaid public holidays
Reasoning
The Court of Appeal found that the termination was not in accordance with the Employment Act and was unfair.
Outcome
Affirmed
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