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Odongo v Radar Security Limited (Employment and Labour Relations Petition E033 of 2020) [2023] KEELRC 2909 (KLR) (14 November 2023) (Judgment)

[2023] KEELRC 2909 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2909
Citation
[2023] KEELRC 2909 (KLR)
Decided
14 November 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour Relations PetitionPosturePetitionCoramNJ ABUODHA
Holding

The court found no infringement of constitutional rights and dismissed the petition as employment claim. The termination was not found unfair.

Facts

Petitioner alleged constructive dismissal due to withholding of documents, verbal termination, and non-payment of salary. Respondent claimed termination due to lack of work and Covid-19 impact.

Issues

  1. Whether the Petitioner's constitutional rights were infringed
  2. Whether the Petitioner's employment was unfairly terminated
  3. Whether the Petitioner is entitled to reliefs sought

Reasoning

The court did not find the withholding of documents to be a constitutional issue. The court found no evidence of financial difficulties to justify termination due to Covid-19. The court concluded that the termination was not unfair.

Outcome

Dismissed

Authorities cited

Legislation (1)
  • Employment Act
Cases cited (2)
  • Kenya Airways Limited vs. Aviation and Allied Workers Union of Kenya and 3 Others (2014) eKLR
  • Daniel Mburu Muriu v Hygrotech East Africa Ltd [2021] 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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