C. Dorman Ltd v Mukhwana (Employment and Labour Relations Cause E220 of 2021) [2023] KEELRC 2512 (KLR) (13 October 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2512
- Citation
- [2023] KEELRC 2512 (KLR)
- Decided
- 13 October 2023
Summary at a glance
TypeAppealPostureAppeal from a judgment of the Employment and Labour Relations CourtCoramAN MWAURE
The court finds that the respondent was unlawfully terminated and awarded one-month salary in lieu of notice, but finds errors in the award of leave pay for 25 years.
Facts
The appellant, C. Dorman Ltd, filed a record of appeal against the judgment of the trial magistrate, Aggrey Amulako Mukhwana, who found the respondent, Mukhwana, was unfairly terminated and awarded him pay in lieu of leave for 25 years.
Issues
- Whether the respondent was unlawfully terminated
- Whether the respondent was entitled to the reliefs he was awarded at the trial court
Reasoning
The court determined that the respondent was a term employee and not a casual employee, and that the appellant failed to comply with fair labour practices. The court also found errors in the award of leave pay.
Outcome
The appeal is allowed, and the decree of the court is set aside. The lower court suit is dismissed and the costs are awarded to the respondent.
Orders
- One-month salary in lieu of notice
Remedies
- Set aside the decree of the court
- Dismiss the lower court suit
- Award costs to the respondent
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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