Lumanyasi v West Kenya Sugar Company Limited (Employment and Labour Relations Appeal 22 of 2023) [2023] KEELRC 2206 (KLR) (21 September 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2206
- Citation
- [2023] KEELRC 2206 (KLR)
- Decided
- 21 September 2023
Summary at a glance
TypeEmployment and Labour Relations AppealPostureAppeal from a trial court judgmentCoramJW KELI
The court found that the trial learned Magistrate arrived at the wrong conclusion on substantive and procedural fairness.
Facts
The appellant, Edwin Mukwana Lumanyasi, was dismissed by the respondent, West Kenya Sugar Company Limited, and filed an appeal against the decision.
Issues
- substantive and procedural fairness before the termination of employment
- whether the appellant was entitled to reliefs sought
Reasoning
The court applied the principles from Selle And Another v Associated Motor Boat Company Ltd & Others, stating that it must reconsider the evidence, evaluate it itself, and draw its own conclusions.
Outcome
The appeal was allowed, and the judgment of the learned magistrate was set aside.
Orders
- allowing the appellant's case with costs in the appeal and in the subordinate court
Authorities cited
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