Osoro v General Industries Ltd (Cause 1135 of 2018) [2023] KEELRC 267 (KLR) (2 February 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 267
- Citation
- [2023] KEELRC 267 (KLR)
- Decided
- 2 February 2023
The termination of the Claimant's employment was unlawful, unfair, and contrary to the principles of natural justice.
Facts
The Claimant, Jared Osoro, was employed by General Industries Ltd. His employment was initially for a three-month period, which was later extended to six months. The contract was renewed periodically. The Claimant was summarily dismissed on July 2, 2017, without any reason, contrary to the terms of the contract and the Employment Act.
Issues
- Whether the Respondent presented a valid reason for terminating the Claimant's employment.
- Whether the Claimant is entitled to the reliefs sought.
Reasoning
The court ruled that the termination was unlawful as it was not based on a valid reason and the Claimant was not given notice or an opportunity to explain himself. The court also noted that the termination was contrary to the terms of the employment contract and the principles of natural justice.
Outcome
The Claimant's termination was declared unlawful, unfair, and contrary to the principles of natural justice.
Orders
- Judgment delivered virtually due to COVID-19 restrictions.
Remedies
- Declaration that the termination of the Claimant's employment by the Respondent was unlawful, unprocedural, and discriminatory.
Authorities cited
Legislation (2)
- Employment Act 2007
- Constitution of Kenya 2010
Cases cited (1)
- Kenfreight E. A. Limited vs Benson K. Nguti (2016) eKLR Civil Appeal No 31 of 2015
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