D.B. Osoro & Company Advocates VS Daniel Ngatia Muriithi
Division and case type: Employment and Labour Relations CourtAppeals
The court of appeal considered an appeal from the trial court's judgment in a labour dispute where the appellant (Van KappeL Kenya Limited) challenged the award of notice pay, severance pay, and general damages for unlawful termination of the respondent (Daniel Ngatia Muriithi). The appellant argued the trial court erred by failing to grant them an opportunity to be heard, awarding notice pay exceeding the respondent's monthly salary, granting severance pay without specific pleading, awarding maximum 12 months' salary without justification, and failing to order statutory deductions. The court found the appellant was not denied hearing as their advocates were served with notice and an affidavit of service was on record; the award of notice pay and severance pay was justified under the Employment Act; the 12 months' salary compensation was discretionary and not subject to interference; and statutory deductions were automatic under the Employment Act. The appeal was dismissed with costs.