Mega Garmets Industries (K) Ltd v Orori (Appeal 18 of 2022) [2022] KEELRC 1732 (KLR) (24 June 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1732
- Citation
- [2022] KEELRC 1732 (KLR)
- Decided
- 24 June 2022
The appeal is allowed, the judgment of the trial court is set aside, and the appellant is awarded costs of the appeal.
Facts
The respondent, Edgar Odoyo Orori, was employed by the appellant, Mega Garmets Industries (K) Ltd, as a general worker from December 2015 until July 4, 2020. The contract of service was terminated on July 4, 2020, despite the contract expiring on November 5, 2020. The respondent alleged unfair termination, while the appellant argued that the termination was due to the expiration of a fixed-term contract.
Issues
- Whether the termination was unfair and unlawful
- Whether the termination was wrongful, unfair and unlawful
- Whether the respondent was engaged on a fixed-term contract
Reasoning
The court found that the respondent's last fixed-term contract had lapsed due to the expiration of the contract term, and the termination was not unfair or unlawful as it was due to the expiration of the contract.
Outcome
Appeal allowed
Orders
- Judgment of the trial court set aside
- Appellant awarded costs of the appeal
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