Ntinyari & 17 others v Odwyer & 2 others (Employment and Labour Relations Cause E004 of 2023) [2024] KEELRC 545 (KLR) (8 March 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 545
- Citation
- [2024] KEELRC 545 (KLR)
- Decided
- 8 March 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureFirst appeal from the Chief Magistrate's Court MeruCoramON MAKAU
Holding
The Appellants’ employment with the Respondents had ended; and that the Respondents had breached the Appellants’ employment right as envisaged under the law.
Facts
The Appellants claimed they were employed by the Respondents from 2015 to 2018 during the construction of Kyeni-Kathenjeru-Karurumo Road and Chuka-Kaanwa-Kareri Road. They claimed the Respondents failed to pay their salaries according to the Collective Bargaining Agreement (CBA) and prayed for salary arrears and other remedies.
Issues
- Whether the impugned ruling is appealable.
- Whether the impugned ruling should stand.
Reasoning
The Court of Appeal re-evaluated the evidence and concluded that the Appellants’ employment had ended and the Respondents had breached their employment rights.
Outcome
The appeal is dismissed.
Orders
- The Appellants’ employment with the Respondents had ended.
- The Respondents had breached the Appellants’ employment right as envisaged under the law.
Authorities cited
Cases cited (1)
- Kenya Ports Authority v Kuston (Kenya) Limited (2009) 2EA 212
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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