Protective Custody Limited v Mwangu (Employment and Labour Relations Appeal E236 of 2023) [2024] KEELRC 13613 (KLR) (18 December 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 13613
- Citation
- [2024] KEELRC 13613 (KLR)
- Decided
- 18 December 2024
Summary at a glance
TypeAppealPostureFirst appeal from the judgment and decree of the Honourable C.K. Cheptoo, P.M.CoramJEMIMAH KELI
The court finds the respondent did not submit on whether he was terminated fairly or not, and the trial court did not consider the respondent's written submissions.
Facts
Protective Custody Limited terminated Michael Shikuku Mwangu, and Mwangu filed a claim for unfair termination, salary compensation, and other reliefs. The appellant disputes the termination and the award of compensation.
Issues
- Whether the learned trial Magistrate erred in law and fact in finding the respondent had been unfairly terminated.
- Whether the learned trial Magistrate erred in law and fact in awarding the respondent terminal dues.
Reasoning
The court re-evaluated the evidence and found the termination was not based on procedural fairness, thus the claimant was not unfairly terminated.
Outcome
The appeal is partially successful, and the court makes no order as to costs at the appeal.
Orders
- No order as to costs at the appeal.
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