Hantex Garmets [EPZ] Limited v Jacob (Appeal E070 of 2022) [2024] KEELRC 113 (KLR) (1 February 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 113
- Citation
- [2024] KEELRC 113 (KLR)
- Decided
- 1 February 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a decision in a labor disputeCoramAK NZEI
Holding
Termination of the Respondent’s employment was procedurally unfair and the trial court’s award of compensation for unfair termination is upheld.
Facts
The Respondent, Patience Kwekwe Jacob, was employed by the Appellant, Hantex Garmets [EPZ] Limited, as a Machinist. She was terminated on 25/2/2019 without notice or just cause.
Issues
- whether termination of the Respondent’s employment was unfair
- whether the Respondent was entitled to the reliefs given/awarded by the trial court
Reasoning
The Appellant failed to demonstrate compliance with Section 41 of the Employment Act, which requires proper notice and a disciplinary hearing. The trial court’s award of compensation for unfair termination is upheld.
Outcome
Affirmed
Authorities cited
Legislation (4)
- Employment Act
- Section 41
- Section 43(1)
- Section 45(1)
Cases cited (1)
- Walter Ogal Anuro v Teachers Service Commission (2013) 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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