Obungu & 3 others v Bandari Football Club (Cause E079, E080, E078 & E077 of 2023 (Consolidated)) [2023] KEELRC 3454 (KLR) (19 December 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3454
- Citation
- [2023] KEELRC 3454 (KLR)
- Decided
- 19 December 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from the original trialCoramM MBARŨ
Holding
The termination of employment was unfair and without just cause, and the claimants are entitled to remedies.
Facts
Claimants were employed under fixed-term contracts by Bandari Football Club. They were terminated without notice or just cause, despite being on annual leave.
Issues
- whether the termination of employment was unfair
- whether the claimants should be entitled to remedies
- who should bear the costs
Reasoning
Fixed-term contracts are allowed under the Employment Act, but termination must be for valid and fair reasons. The employer must provide notice and a fair chance to defend oneself before termination.
Outcome
The claimants are entitled to remedies.
Remedies
- Remedies to be determined by the court
Authorities cited
Legislation (4)
- Employment Act
- Section 43 of the Act
- Section 45(2) of the Act
- Section 41 of the Act
Cases cited (3)
- Transparency International – Kenya v Teresa Carlo Omondi Civil Appeal No.81 of 2018
- Jane Nyandiko v Kenya Commercial Bank Ltd
- Jane Wairimu Machira v Mugo Waweru & Associates
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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