Fayaz Bakers Limited v Mcharo (Appeal 23 of 2022) [2023] KEELRC 3280 (KLR) (7 December 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3280
- Citation
- [2023] KEELRC 3280 (KLR)
- Decided
- 7 December 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the judgment of Hon. C. N. Ndegwa - SPM in MSA ELRC No. 789/2019CoramAGNES KITIKU NZEI
Holding
The appeal is partly successful, and the trial court's judgment is set aside. The Respondent is awarded one month salary in lieu of notice, unpaid leave, and compensation for unfair termination of employment.
Facts
The Respondent claimed unpaid leave, unpaid holidays, service pay, and compensation for unfair termination of employment. The Appellant denied the claims and denied ever terminating the Respondent's employment.
Issues
- Whether the Respondent was employed by the Appellant
- Whether the Appellant terminated the Respondent's employment without justifiable reason
- Whether the Appellant failed to pay the Respondent's terminal and contractual dues
Reasoning
The court upheld the trial court's award of one month salary in lieu of notice and unpaid leave, but set aside the award of service pay and compensation for unfair termination of employment.
Outcome
The appeal is partly successful, and the trial court's judgment is set aside.
Orders
- One month salary in lieu of notice
- Unpaid leave
- Compensation for unfair termination of employment
Remedies
- The awarded sum shall be subject to statutory deductions pursuant to Section 49(2) of the Employment Act
- Each party shall bear their own costs of the appeal, but the Respondent will have costs of the proceedings in the Court below, plus interest at Court rates
Authorities cited
Legislation (2)
- Employment Act 2007
- Collective Bargaining Agreement
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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