Jennifer Ndinda Maingi v Sahal International Trading Group Ltd [2016] KEELRC 677 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 677
- Citation
- [2016] KEELRC 677 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent raises preliminary objectionCoramLenaola, Radido, Rika
Holding
The Court overrules the Respondent's preliminary objection and finds the Claimant's claim properly before the Court.
Facts
Claimant Jennifer Ndinda Maingi sued Sahal International Trading Group Ltd for wrongful termination. The contract of employment was for a Marketing Executive position, with a probationary period of three months.
Issues
- Whether the Claimant's claim is properly before the Court
- Whether the termination of the contract of employment was valid
Reasoning
The Court disagrees with the Respondent's reliance on Section 42 of the Employment Act, which ousts probationary contracts from procedural fairness requirements. The Court holds that employees serving probation are entitled to full protection against unfair and unlawful termination of employment.
Outcome
Claimant's claim is properly before the Court
Orders
- Preliminary Objection by the Respondent is overruled with costs being in the cause
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (1)
- Samuel G. Momanyi v the Attorney General & another [2012] eKLR
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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