H. Young & Company (EA) Limited v Ng’eno (Appeal 7 of 2020) [2022] KEELRC 14654 (KLR) (6 October 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 14654
- Citation
- [2022] KEELRC 14654 (KLR)
- Decided
- 6 October 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureFirst AppealCoramM MBARŨ
Holding
The court held that the termination of employment was unfair and unlawful, and the trial court erred in applying section 45(3) of the Employment Act, 2007.
Facts
The respondent was an employee of the appellant from July 2013 to October 2018. The respondent claimed notice pay, damages, payment of gratuity, and a certificate of service after his employment was terminated without notice or a hearing.
Issues
- Whether the termination of employment was fair and lawful
- Whether the trial court erred in applying section 45(3) of the Employment Act, 2007
Reasoning
The court found that the respondent had been employed for less than 13 months prior to termination, and thus could not claim unfair termination under section 45(3) of the Employment Act, 2007. The court declared section 45(3) unconstitutional and invalid.
Outcome
Affirmed the trial court's award of notice pay, damages, and payment of gratuity.
Remedies
- Notice pay
- Damages
- Payment of gratuity
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (2)
- Samuel G Momanyi v SDV Transami Kenya Ltd
- Law Society of Kenya v Kenya Revenue Authority
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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