Riley Falcon Security Services Limited v Bosire (Appeal E015 of 2023) [2024] KEELRC 259 (KLR) (15 February 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 259
- Citation
- [2024] KEELRC 259 (KLR)
- Decided
- 15 February 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureFirst AppealCoramCN BAARI, Madan
Holding
The court found the termination unfair and awarded compensation for unfair termination.
Facts
The Respondent was terminated by the Appellant for sleeping on the job, as alleged by a customer. The Respondent denied the allegation and the disciplinary hearing was held.
Issues
- Whether the termination was fair under Sections 41, 43, 45, and 47(5) of the Employment Act, 2007.
- Whether the trial court erred in finding the termination unfair and awarding compensation for unfair termination.
Reasoning
The court held that the termination was unfair due to the absence of disciplinary minutes, despite the Respondent's denial and the disciplinary hearing being held.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (3)
- United India Insurance Co. Ltd v East African Underwriters (Kenya) Ltd [1985] EA
- Abok James Odera t/a A.J Odera & Associates v John Patrick Machira t/a Machira & Co. Advocates [2013] eKLR
- Galgalo Jarso Jillo v Agricultural Finance Corporation [2021] 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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