Otieno v KPP Plant Production Kenya (Cause 472 of 2015) [2023] KEELRC 452 (KLR) (23 February 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 452
- Citation
- [2023] KEELRC 452 (KLR)
- Decided
- 23 February 2023
The court held that the termination of the employment contract was unlawful due to the employer's failure to provide the employee with a chance to be heard before terminating the contract.
Facts
The Claimant, Esau Nicholas Sianglar Otieno, was employed by the Respondent, KPP Plant Production Kenya, as a pre-entry keeper from January 4, 2011, until January 22, 2013. The Claimant alleges that he was unlawfully terminated on January 22, 2013, while the Respondent claims the Claimant deserted duty.
Issues
- Whether the contract of employment between the parties was lawfully terminated.
- Whether the parties are entitled to the reliefs sought in their pleadings.
Reasoning
The court determined that the employer's termination of the employment contract was illegal because it did not comply with the Employment Act's requirement to hear the employee before closing the contract.
Outcome
The court found in favor of the Claimant, ordering compensation for unlawful termination.
Orders
- Compensation awarded to the Claimant
Remedies
- Compensation
Authorities cited
Legislation (1)
- Employment Act
Cases cited (4)
- New World Stainless Steel Limited v Cosmas Mbalu Munyasya
- Paul Mwakio v Reliable Freight Services Ltd
- Ayub Kombe Ziro v Umoja Rubber Products Limited
- Milano Electronics Limited v Dickson Nyasi Muhaso
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