Sinohydro Tianjin Engineering Company Limited v Kalee & another (Employment and Labour Relations Appeal E015 of 2024) [2025] KEELRC 3733 (KLR) (17 December 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3733
- Citation
- [2025] KEELRC 3733 (KLR)
- Decided
- 17 December 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the Judgment and Decree of the Hon. D. Kuto (M)CoramJW KELI
Holding
The court finds that the trial court erred in awarding the Respondents 12 months’ gross salary as compensation for unfair termination without providing a justifiable reason.
Facts
The Respondents were dismissed from employment by the Appellant, Sinohydro Tianjin Engineering Company Limited, on the grounds of misconduct. The Respondents denied receiving notices to show cause and claimed procedural unfairness.
Issues
- Whether the trial court erred in holding that the Respondents were unfairly terminated.
- Whether the trial court erred in law and fact by awarding the Respondents 12 months compensation for unfair termination.
Reasoning
The court concluded that the notices to show cause were not served on the Respondents, thus the disciplinary process was unfair. The court also found that the award of 12 months’ salary was excessive and unsupported by evidence.
Outcome
The appeal is allowed.
Orders
- The Judgment and Decree of the Hon. D. Kuto (M) be set aside.
- The cost of this Appeal and the proceedings in the lower court be borne by the Respondent.
Authorities cited
Legislation (3)
- Employment Act
- Section 45(2) of the Employment Act
- Section 49(1)(c) of the Employment Act, 2007
Cases cited (3)
- Abok James Odera t/a AJ Odera & Associates v John Patrick Machira t/a Machira e KLR
- Walter Ogal Anuro v Teachers Service Commission[2013] eKLR
- Karuga v Style Industries Ltd (2023) KEELRC 3359 (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.
Loading judgment…