Kaluworks Limited v Kenga (Appeal E159 of 2024) [2025] KEELRC 1326 (KLR) (8 May 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1326
- Citation
- [2025] KEELRC 1326 (KLR)
- Decided
- 8 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the learned Principal Magistrate Hon. G. SOGOMOCoramOCHARO
Holding
The Appellant's termination was unlawful and unfair, and the Respondent was entitled to various reliefs.
Facts
The Respondent, Chengo K. Kenga, was employed by Kaluworks Limited as a Casting Operator from July 2009. He was terminated on April 12, 2017, without notice, and without a valid reason. He was not registered under any pension or provident fund scheme.
Issues
- Nature of employment
- Termination process
- Fairness of termination
- Reliefs granted
Reasoning
The Court found the Respondent's employment to be term employment, not casual, and the termination was unfair. The Court also found errors in the trial court's judgment regarding procedural issues.
Outcome
Affirmed the Respondent's reliefs and reversed the trial court's judgment.
Orders
- Affirmed the Respondent's reliefs
- Reversed the trial court's judgment regarding procedural errors
Remedies
- One month's notice pay
- Accumulated leave days
- Severance pay
- Underpayment
- Maximum compensation for wrongful dismissal
- Order for a Certificate of Service
- Costs of the cause
Authorities cited
Legislation (3)
- Employment Act
- Retirement Benefits Act
- Collective Bargaining Agreement
Cases cited (1)
- German School Society & another v Ohany & another [2023] KECA 894 [KLR]
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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