Fred A. Odhiambo v Attorney General & another [2014] KEELRC 440 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 440
- Citation
- [2014] KEELRC 440 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeIndustrial DisputePostureAppeal from a judgment and orders of the Industrial CourtCoramMATHEWS N. NDUMA
Holding
The appeal is dismissed with costs as the 1st Respondent was not the employer and there is no legal basis for apportionment of liability.
Facts
The Claimant, Fred A. Odhiambo, was unlawfully terminated from employment by the 2nd Respondent, Postal Corporation of Kenya. The 1st Respondent, Attorney General, was not the employer.
Issues
- Legal determination on liability and apportionment between the 1st and 2nd Respondents
- Employer's responsibility to make good the award
Reasoning
The Court noted an omission in the judgment and rectified it. The 1st Respondent did not participate in the hearing, and the employer was responsible to make good the award. The Court held that the Industrial Court has jurisdiction only over disputes between an employee and his employer.
Outcome
Appeal dismissed
Orders
- Application for stay of execution of the judgment and orders of the Court is dismissed
Remedies
- Claimant is entitled to enjoy the fruits of his award without any further delay
Authorities cited
Legislation (2)
- Industrial Court Act, 2012
- Employment Act, 2007
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.
Loading judgment…