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…should not be demoted and his rank reduced in clear breach of the University’s own policy document No.18,the labour laws and practices and that the same was not preceded by notice to show cause, notice setting out reasons, due…

…process or given notice to terminate as required by the contract of employment paragraph 4 which provides for (2) months’ Notice and clause 7 of the Terms of service for administration and support staff which termination…

…On the issue of whether the Claimant’s termination was lawful and procedural, counsel submitted that the Respondent failed to adhere to due process as provided by law during termination of the Claimant’s employment. 8.…

…On the issue of whether due process was followed counsel submitted that the Claimant testified that she reported to work as usual on 24th March 2018 and at the end of the day the Respondent handed a termination letter compelling…

…It was his evidence that due process was followed in the termination of the claimant. He was aware the claimant raised the issue of constructive dismissal prior to his dismissal and that he had not withdrawn the claim.…

…The 1st and 2nd Claimant averred that their rights were violated specifically Article 158 of the 1982 International Labour Organisation(ILO) for terminating them without valid reasons and due process.…

…The Respondent averred that it complied with due process given under Section 41 of the Employment Act as it carried out investigations, the Claimants informed of the exact nature of allegations and sufficient information…

…Respondent avers the Claimant lodged an appeal on 30th May 2016, which was declined as he did not provide any new information to warrant review of the Respondent's decision, and further because the Respondent had followed due…

…process and fair procedure while terminating the Claimant's employment. 30.…

…On the issue of whether the Claimant was entitled to reliefs sought the Claimant submitted that she was entitled to the same having illustrated clear violations of the law as well as due process.…

…The Respondent submitted that the Claimant was not following due process when terminating its employees, one case being that of Eric Boro where he was not issued with any notice, no warning letter and no payment was made…

…The Claimant further avers that the implementation of the PIP was erratic, shambolic and devoid of methodical approach, and was only intended to cause removal of the Claimant in disregard of due process. 19.…

…She avers that the process leading to her wrongful termination of employment was replete with blackmail, harassment, misrepresentations and blatant abuse of due process.…

…Mwanjala v Kenya Revenue Authority(2015) eKLR on employer following provisions of Section 41 of the Employment on due process as a mandatory requirement and on reasons for termination as per provisions of section 43 of the…

…The Respondent averred that it followed due process as provided by law in the conduct of the disciplinary process against the Claimant by: i) the Chief Justice interdicted the Claimant vide interdiction letter dated 13th…

…That the Claimant was accorded a fair hearing and due process was followed in the process of dismissal from employment.…

…On due process, it is the Respondent’s submission that it accorded the Claimant an opportunity to be heard and ultimately followed due process in the termination in line with Section 41 (1) and (2) of the Employment Act.…

…In light of the foregoing, the Claimant contends that the Respondent did not follow due process in terminating the grievant’s services, and therefore, seeks that the termination be declared unlawful and unfair. 47.…

…It is the Respondents’ case that the 1st Respondent lawfully and legally terminated the employment of the Petitioner by following due legal process.…

…process.…

…Matata stated that due process was followed in terminating the grievants and that they were allowed to appeal the dismissal which they did and the appeal found to be without merit.…

…case of Cargill Kenya Limited v Mwaka & Another (2021) eKLR, and submitted that procedural fairness is satisfied where the employee is fully informed of charges, given an opportunity to respond, and the employer adheres to due…

…process.…

…The Claimants averred that the Respondent was mandated under the relevant law to follow due process and be able to substantially, procedurally and objectively defend its decision to terminate the 1st Claimant which it failed…

…The Court merely faults the respondent for not following due process in executing what was otherwise an acceptable business decision.…

…marked ‘A’. ii) THE Claimant commenced employment as aforesaid and served the Respondent with loyalty and diligence until May 2019 when the Respondent wrongfully and unlawfully Terminated his employment and did not follow due…

…process and further failed to pay his terminal dues which are tabulated below:-s..…

…It is the Claimant’s case that on 28th June 2019 she again responded to the email of 27th June 2019 stating that the decision to reduce her salary and allowances was not backed by any evidence, was without due process and…

…That the Respondent followed due process where at the hearing the Claimant acknowledged responsibility of causing financial loss to the Respondent and suggested a payment plan to recover the funds lost. xi.…

…That besides the fact that the Respondents proceeded to terminate his services without according him due process, it is also clear that the Respondents also acted in contempt, blatant breach and disregard for the Orders of…

…The Respondents relied on the case of Okun -vs- Kenyatta University while submitting that an employee subject to a disciplinary procedure cannot scuttle the disciplinary hearing and turn around to claim lack of due process…