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Ahuta v Associated Construction Co (K) Ltd (Cause 1311 of 2018) [2025] KEELRC 1373 (KLR) (5 May 2025) (Judgment)

[2025] KEELRC 1373 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1373
Citation
[2025] KEELRC 1373 (KLR)
Decided
5 May 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureClaimant's case was heard without Respondent's participationCoramNJ ABUODHA
Holding

The court finds the termination unlawful both substantively and procedurally.

Facts

Claimant was employed as a laboratory technician by Respondent. She was terminated without notice or justifiable reason, and the court found the termination to be unfair.

Issues

  1. Unfair termination
  2. Procedural fairness
  3. Substantive fairness

Reasoning

The court ruled that the termination was unfair due to lack of procedural fairness and substantive justification, citing Employment Act provisions.

Outcome

Unlawful termination

Orders

  • Award of one-month salary in lieu of notice
  • Award of unlawful termination damages

Remedies

  • Award of one-month salary in lieu of notice
  • Award of unlawful termination damages

Authorities cited

Legislation (1)
  • Employment Act 2007
Cases cited (3)
  • Janet Nyandiko v Kenya Commercial Bank Limited
  • Pius Machafu Isindu v Lavington Security Guards Limited
  • Periosteum Bheekhoo v. Linksoft Group
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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