Security Alert Services Limited v Kebuko (Appeal E114 of 2024) [2025] KEELRC 333 (KLR) (6 February 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 333
- Citation
- [2025] KEELRC 333 (KLR)
- Decided
- 6 February 2025
Summary at a glance
TypeAppealPostureFirst appeal from the judgment of Hon. J NyarikiCoramM MBARŨ, J
The court sets aside the judgment and dismisses the respondent's claim for terminal dues.
Facts
The respondent applied for employment with the appellant in February 2014 and was deployed. She worked in two phases based on employment application letters dated 2014 and 2018. She was terminated after taking annual leave in July 2020 and was not allowed to return to work.
Issues
- Whether the termination of employment was fair and lawful
- Whether the appellant owed the respondent terminal dues
Reasoning
The court finds that there was no written employment agreement, but the respondent's employment was protected under Section 37 of the Employment Act. The Discharge Note does not remove the respondent's right to claim unfair termination.
Outcome
Appeal dismissed
Orders
- Judgment set aside
- Respondent's claim for terminal dues dismissed
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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