Bonventure Kioko Mutuku v Attorney General & British Council, Kenya (Petition 64 of 2015) [2016] KEELRC 61 (KLR) (Employment and Labour) (19 September 2016) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 61
- Citation
- [2016] KEELRC 61 (KLR)
- Decided
- 19 September 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPosturePetitioner filed a petition seeking to enforce his fundamental rights and freedoms and to find the respondents to have violated the Employment Act.CoramM. Mbaru
Holding
The Court finds substantial questions raised and directs the petition to be transmitted to the Hon. the Chief Justice to empanel a bench of uneven number of Judges of this Court of not less than three.
Facts
The Petitioner filed a petition alleging that the 2nd Respondent unfairly terminated his contract of employment during his probation period without a valid and fair reason.
Issues
- Whether an employee terminated during probation period has a right to a hearing.
- Whether an employee terminated during the probation period should be given reasons.
- Whether an employee terminated during the probation period can claim rights under sections 41 and 45 of the Employment Act with regard to unfair termination of such employment.
Reasoning
The Court finds the issues raised substantial and affecting how employers and employees relate at the shop floor and the Court's previous decisions.
Outcome
The petition was transmitted to the Hon. the Chief Justice to empanel a bench of uneven number of Judges of this Court of not less than three.
Orders
- The petition be transmitted to the Hon. the Chief Justice to empanel a bench of uneven number of Judges of this Court of not less than three.
Authorities cited
Legislation (1)
- Employment Act
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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