Deloraine Estates Limited v Shikuku (Employment and Labour Relations Appeal E020 of 2022) [2025] KEELRC 342 (KLR) (12 February 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 342
- Citation
- [2025] KEELRC 342 (KLR)
- Decided
- 12 February 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment declaring the respondent redundantCoramAN MWAURE
Holding
The appeal is granted, the trial court's finding of redundancy is set aside, and the respondent is declared to have voluntarily resigned.
Facts
The respondent resigned from his employment on July 16, 2017, and the appellant accepted the resignation on July 20, 2017. The appellant later claimed the respondent was declared redundant.
Issues
- Whether the appellant erred in declaring the respondent redundant
- Whether the appellant erred in awarding compensation for unlawful termination
Reasoning
The court found the respondent voluntarily resigned and there was no evidence of coercion. The court also found the trial court erred in awarding compensation for unlawful termination.
Outcome
Appeal granted
Orders
- Declaration of the respondent as having voluntarily resigned
- Interest to be paid to the respondent at 14% per annum from July 20, 2017 to 2019
- Set aside the judgment of Hon. B. Ochieng on August 18, 2022
- Each party to meet their costs of the appeal and lower court proceedings
Remedies
- Interest on the respondent's terminal dues
Authorities cited
Legislation (2)
- Evidence Act
- Civil Procedure Rules
Cases cited (4)
- Mutinda v Lavington Security Limited
- Prideinn Hotels & Investment Limited v Madzungu
- Tobias Ongaya Auma & 5 Others -vs- Kenya Airways
- Hassanath Wanjiru -vs- Vanela House of Coee
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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