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…’s employment was dependent on the Governor’s term of office.…

…Finally, the foregoing provisions do not oust the provisions of the Employment Act or any other law applicable to an employment relationship.…

…The respondent left his employment willingly, and no notice was issued terminating his employment.…

…of employment.…

…conversion of employment.…

…Section 40 of the Employment Act.…

…Continued employment was dependent on the appellant's contract with the third party, which allowed for the termination of employment. There was a misapplication of the employment contract.…

…Section 41 of the Employment Act allows termination of employment for poor performance of work.…

…that employment terminated unfairly.…

…The appellant submitted that the conversion of employment to regular employment under Section 37 of the Employment Act was in error since the respondent was employed as a casual when employment was available.…

…This resulted in unfair termination of employment.…

…There was no termination of employment as claimed; instead, the appellant left his employment voluntarily without valid cause.…

…Section 45(2) of the Employment Act provides that termination of employment is unfair if the employer fails to give a valid and fair reason leading to termination of employment.…

…Under Section 47(5) of the Employment Act, the respondent failed to prove a prima facie case of unfair termination of his employment.…

…The appellant submitted that the conversion of employment to regular employment under Section 37 of the Employment Act was in error since the respondent was employed as a casual when employment was available.…

…There was no employment contract setting out the employment terms as casual. The Appellant relied on casual labourer vouchers as proof of casual terms of employment.…

…The appellant submitted that the conversion of employment to regular employment under Section 37 of the Employment Act was in error since the respondent was employed as a casual when employment was available.…

…There was no employment contract setting out the employment terms as casual. The Appellant relied on casual labourer vouchers as proof of casual terms of employment.…

…The employment continued as a casual employee without confirmation of permanent employment. The alleged unfair termination of employment is without basis.…

…’s employment.…

…According to the claimant, a single outcome was insufficient to terminate her employment as the contract of employment had many deliverables.…

…the provisions of Section 49(4) of the Employment Act and consider the Claimants conduct and in particular her underperformance which contributed to the termination of employment.…

…of employment was justifiable in the circumstances.…

…The claimant had not sought a renewal of his employment contract. He was contesting the unilateral variation of the contract which amounted to termination of his employment. The court finds.…

…She claimed that under Section 37 of the Employment Act, her employment converted from casual to permanent. There was no notice before termination of employment, and no reasons were given.…

…It is the legal duty of the employer to issue the employee with a written contract of employment stating the terms and conditions of employment as required under Section 10(3) of the Employment Act.…

…There was no continuous employment but intermittent employment.…

…of employment, the employer must justify the reasons leading to termination of employment.…

…In employment and labour relations, unlike commercial disputes, section 18(4) and (5) of the Employment Act requires that despite the reasons leading to termination of employment, each claim must be investigated, analyzed…

…of employment must be taken into account.…

…Employment Act. iv) The Respondent terminated the Claimant’s employment without proving the reason for the termination was valid as provided under section 43 and 45 of the Employment Act. v) The Respondent failed to pay…

…In employment cases, the Employment Act provides at section 47(5) that: “For any complaint of unfair termination of employment or wrongful dismissal the burden of proving that an unfair termination of employment or wrongful…

…Instead, he sent a message that he had terminated his employment. The appellant did not terminate the respondent's employment as alleged to warrant a disciplinary hearing.…

…Nguti [2019] eKLR the court held that there is a need to evaluate the employment record in disputes relating to alleged wrongful termination of employment.…

…Section 45 of the Employment Act, 2007 provides; “[1] No employer shall terminate the employment of an employee unfairly. [2] A termination of employment by an employer is unfair if the employer fails to prove- that the reason…

…their employment without cause.…

…Section 45 of the Employment Act, 2007 provides; “[1] No employer shall terminate the employment of an employee unfairly. [2] A termination of employment by an employer is unfair if the employer fails to prove- that the reason…

…their employment without cause.…