Aron v Bokhol Transporters Limited (Appeal E185 of 2024) [2025] KEELRC 805 (KLR) (13 March 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 805
- Citation
- [2025] KEELRC 805 (KLR)
- Decided
- 13 March 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureFirst appeal from the judgment of Hon. G. SogomoCoramM MBARŨ, J
Holding
The trial court's finding that employment was terminated fairly based solely on the discharge voucher was in error.
Facts
Wilson Aron was employed as a turnman by Bokhol Transporters Limited from 2015 until 25 March 2021. He was dismissed unfairly without notice, payment of terminal dues, or remittance of statutory dues.
Issues
- Whether the termination of employment was fair
- Whether the trial court erred in finding the termination fair based on the discharge voucher
Reasoning
The court held that the termination was unfair due to the lack of notice and other statutory dues not being remitted. The court emphasized that the employer must notify the employee to attend and address gross misconduct, and if the employee remains absent without permission, the employer must issue notice terminating employment.
Outcome
The appeal is upheld, and the judgment is set aside.
Orders
- Employment terminated unfairly without valid reasons or justifications
Remedies
- Terminal dues must be assessed and paid in terms of Section 18(4) of the Employment Act
- Notice pay and compensation are due where employment is terminated unfairly
Authorities cited
Legislation (1)
- Employment Act
Cases cited (9)
- Okode v Tejani
- SGA Security Solutions Limited v Mulei
- Security Alert Services Limited v Kebuko
- Ngei v Viljoen & 2 others
- Mbugua v Resort
- Headquarters & another
- Benjamin Maundu v Telkom Kenya Limited
- Sendeu Omwenga v General Timothy Misiani Orwenyo t/a GMT Services
- Wilson Aron v Bokhol Transporters Limited
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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