H. Young & Co (E. Afica) Ltd & another v Mwangi & another (Appeal E049 & E050 of 2021 (Consolidated)) [2023] KEELRC 1001 (KLR) (20 April 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1001
- Citation
- [2023] KEELRC 1001 (KLR)
- Decided
- 20 April 2023
Summary at a glance
TypeAppealPostureAppeal from a judgment of the Employment and Labour Relations CourtCoramAN MWAURE
The court held that the termination was without a valid reason and without following the procedure provided by the Employment Act.
Facts
The respondents were issued termination letters in July 2018 without reasons, and signed discharge vouchers at different dates.
Issues
- whether the respondents were precluded from following their dues due to signing discharge vouchers
- whether the respondents were unfairly and wrongfully terminated
Reasoning
The court found that the termination was not in accordance with the Employment Act, particularly section 40, which requires a valid reason and the procedure for declaring a position redundant.
Outcome
The appeals were allowed, and the judgment of the lower court was set aside.
Orders
- The judgment was delivered virtually due to the Covid-19 pandemic restrictions
Remedies
- The respondents are entitled to the costs at the lower court and Court of Appeal
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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