Employment and Labour Relations Court at Machakos ELRCMaureen Onyango
Division and case type: Employment and Labour Relations Court·Appeals
The Appellant appealed against the Chief Magistrate's Court judgment in ELRC No. 22 of 2019, which found his employment termination fair and awarded him leave allowance and one month's salary in lieu of notice. The Appellant claimed unlawful/unfair dismissal, alleging no hearing, no reason given, and harsh termination after two years of service. The trial court found termination fair, awarding Kshs. 17,617.60 for leave allowance and Kshs. 2,584 for one month's salary in lieu of notice. The Appellant argued the termination was unfair, the payment of Kshs. 10,000 was not consensual, and the court erred in law and fact on the date of employment and termination validity. The court upheld the trial court's decision, finding termination fair and awarding leave allowance and one month's salary in lieu of notice.
unfair dismissalemployment terminationterminal duesmutual agreement termination17 min read
JudgmentCHINA ROAD & BRIDGE CORPORATION VS SAMUEL MWANGI NYAMU
Employment and Labour Relations Court at Machakos ELRCMaureen Onyango
Division and case type: Employment and Labour Relations Court·Appeals
The appeal arises from a 2016 industrial accident claim where the Respondent sought general and special damages for injuries sustained during employment. The Trial Magistrate awarded Kshs.600,000/- in general damages, Kshs.3,000/- in special damages, and costs. The Appellant appealed, arguing the award was excessive for soft tissue injuries with no residual disability, citing comparable cases awarding Kshs.100,000/- to Kshs.150,000/- for similar injuries. The Court found the award inordinately high and substituted Kshs.300,000/- as general damages, upholding the rest of the judgment.
industrial accidentsgeneral damagesspecial damagesquantum of damages8 min read
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