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Odemba & 7 others v Laico Hotels & Resorts Management Co. Ltd t/a Laico Regency Hotel Nairobi (Cause 930 of 2018) [2023] KEELRC 2099 (KLR) (18 September 2023) (Judgment)

[2023] KEELRC 2099 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2099
Citation
[2023] KEELRC 2099 (KLR)
Decided
18 September 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial decisionCoramNdolo
Holding

The dismissal was not lawful as there was no valid and fair reason for the termination.

Facts

The Claimants were dismissed by the Respondent on June 6, 2018, and alleged that the dismissal was unfair. They claimed a valid and fair reason for the dismissal, while the Respondent maintained that the dismissal was based on operational requirements.

Issues

  1. Whether the summary dismissal of the Claimants by the Respondent was lawful.
  2. Whether the Claimants are entitled to the reliefs sought.

Reasoning

The Employment Act, 2007 requires a valid and fair reason for termination, and the dismissal was not based on a valid reason.

Outcome

Dismissal was not lawful

Authorities cited

Legislation (1)
  • Employment Act, 2007
Cases cited (2)
  • Naima Khamis v Oxford University Press (EA) Ltd (2017) eKLR
  • Barclays Bank of Kenya Ltd & another v Gladys Muthoni and 20 others (2018) 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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