The Dhow House Limited v Gisebe (Appeal E081 of 2023) [2024] KEELRC 2332 (KLR) (26 September 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2332
- Citation
- [2024] KEELRC 2332 (KLR)
- Decided
- 26 September 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the judgment of D.O. MbejaCoramA.
Holding
The court found the termination of employment was unfair and ordered notice pay and severance pay
Facts
The respondent claimed he was employed as a bartender by the appellant from March 2019 to August 2020, and then re-employed in August 2020. He was terminated on March 17, 2021, due to the pandemic, and claimed various compensations.
Issues
- Whether the termination of employment was fair and lawful
- Whether the respondent is entitled to notice pay and severance pay
Reasoning
The court re-evaluated the evidence and found the termination was unfair, awarding notice pay and severance pay.
Outcome
The appeal is allowed, the judgment is set aside, and the court orders notice pay and severance pay.
Orders
- Notice pay and severance pay awarded
Remedies
- Notice pay and severance pay
Authorities cited
Legislation (2)
- Employment Act
- Civil Procedure Act
Cases cited (2)
- Margaret Wanja Muthui v Ministry of Transport, Infrastructure Housing, Urban Development and Public Works & 2 others
- Kenya Broadcasting Corporation v
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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