Nyaga v Chandaria Industries Limited (Cause E031 of 2024) [2024] KEELRC 1065 (KLR) (25 April 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1065
- Citation
- [2024] KEELRC 1065 (KLR)
- Decided
- 25 April 2024
Summary at a glance
TypeInterlocutory InjunctionPostureClaimant seeks an interlocutory injunction restraining the Respondent from giving any adverse information about the Claimant to any potential employer pending the hearing of the main claim.CoramJK GAKERI
The court is persuaded that the applicant has demonstrated a prima facie case with a probability of success and has suffered irreparable injury.
Facts
The Claimant was employed by the Respondent as a Sales Representative from October 5, 2020, to October 30, 2023. He was summarily dismissed on October 30, 2023, and received three warning letters. The Claimant did not file a copy of the notice to show cause and only filed part of his response.
Issues
- Whether the applicant’s Notice of Motion is merited.
- Whether the applicant has a prima facie case with a probability of success.
Reasoning
The court found that the applicant had a prima facie case with a probability of success and had suffered irreparable injury. The court did not find that the applicant had lodged applications for employment or that the Respondent was likely to release adverse information.
Outcome
The court granted the applicant’s Notice of Motion.
Orders
- To restrain the Respondent from giving any adverse information about the Claimant to any potential employer pending the hearing of the main claim.
Remedies
- Interlocutory injunction
Authorities cited
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