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…Aggrieved, the Claimant sued the Respondent on 28 August 2023, alleging unfair termination of employment. 4.…

…(ii) Whether the termination of the Claimant’s employment was unlawful and unfair under the Employment Act? (iii) Whether the Respondent observed due process and procedural fairness before termination?…

…Unfair termination of employment 9.…

…Before this Court, the Appellant challenged the termination of his contract on the single ground of want of due process in that the Respondent did not issue a notice of termination of employment or consider seniority, competence…

…(ii) Whether the Respondent breached procedure in the termination (sic) of the Claimants? 16. The Court has considered the pleadings, evidence and submissions. Wrongful/unfair termination of employment 17.…

…For the wrongful termination, the Court holds that each of the Claimants is entitled to the equivalent of salary for the notice period(s). 28.…

…The Respondent replied to the email on 1 March 2022, advising the Claimant that she would receive the termination letter in the course of the day.…

…The Respondent’s Managing Director thereafter sent a notice of termination of employment letter to the Claimant. 17.…

…The Appellant was informed of the termination of his employment through a letter dated 23 September 2020. The effective date of termination was given as 1 October 2020. 8.…

…Unfair termination of employment 9.…

…Unfair termination of employment 10. Section 40 of the Employment Act, 2007 undergirds termination of employment on account of redundancy. 11.…

…The Appellants testified that they were informed of the termination of their contracts through phone calls on 5 December 2020. 13.…

…(viii) The Learned Trial Magistrate erred in granting the Claimants compensation for unfair termination without any basis in law.…

…Unfair termination of employment 12.…

…Unfair termination of contract 27. Sections 35(1), 41, 43, and 45 of the Employment Act, 2007 set out the threshold a termination of employment should meet to pass the procedural and substantive fairness test. 28.…

…Termination clauses in employment contracts should therefore be judged against the standard set out in the aforesaid provisions. 29.…

…The Claimant served as Systems Administrator until 2 December 2021, when the Respondent notified him of the termination of his employment. 5.…

…The Claimant was aggrieved and he sued the Respondent on 20 September 2023 alleging unfair termination of employment and breach of contract. 6.…

…Unfair termination of employment 15. The Appellant challenged the Senior Principal Magistrates finding on unfair termination of employment in Grounds 6 and 7 of the Memorandum of Appeal. 16.…

…therefore, it had failed to justify the termination in terms of section 47(5) of the Employment Act, 2007. 17.…

…Unfair termination or desertion? 9. One of the causes of action advanced by the Respondent before the Subordinate Court was unfair termination of employment. 10.…

…He also produced what he called a termination notice. 11.…

…In the draft amended Memorandum of Claim, the Claimant introduced a new relief: (a) A declaration that the Claimant’s termination was unfair, wrongful and illegal. 7.…

…The Claimant pleaded a cause of action for unfair termination of employment at paragraphs 5 and 8 thus: 5.…

…Unfair termination of employment 9.…

…By virtue of section 47(5) of the Employment Act, 2007, the Respondent had the initial burden of establishing that an unfair termination of employment occurred before the Appellant would be called upon to justify any termination…

…Gideon Kioko Munyao (the Claimant) sued Transsnet Payments Ltd (the Respondent) on 27 August 2024, alleging unfair termination of employment. 2.…

…Unfair termination of employment 8. The Respondent wrote to the Claimant to notify him of the termination of his employment contract on 22 July 2024. 9.…

…Unfair termination of employment 22. The Appellant did not deny that the Respondent’s contract was terminated verbally.…

…In concluding that there was unfair termination or that it was a no contest, the Senior Principal Magistrate found that the Appellant never informed the Respondent formally of the termination of employment. 26.…

…The Claimant felt the termination was unfair and sued the Respondent on 3 July 2024, asserting unfair termination of employment and breach of contract. 4.…

…Unfair termination of employment 25.…

…Rael Atieno Jakoyo (the Claimant) sued Bliss Healthcare Ltd (the Respondent) on 12 May 2023, alleging unfair termination of employment, breach of contract and discrimination. 2.…

…Unfair termination of employment: redundancy Process 11. The Respondent notified the Claimant of the termination of her employment on the ground of redundancy through a letter dated 21 December 2021. 12.…

…(ii) A declaration that the reasons stated in the termination letter do not constitute proper grounds for termination.…

…(iii) The Respondent withdraw the letter of termination and issue the Claimant a letter clearing him of any wrongdoing.…

…The primary grounds in support of the Motion were that the Respondent had advanced to the Claimant loans at staff interest rates of 6%; that upon the termination of the Claimant’s employment, the Respondent increased the…

…loan interest rate to a commercial rate of 18%; that the Respondent wrote to the Claimant to repay the outstanding loans on or before 14 March 2024, and the Claimant had challenged the fairness of the termination of employment…

…Unfair termination of employment 9. The Claimant asserted that the Respondent unfairly terminated his contract without notice or hearing after working for 3-months on 5 December 2016. 10.…

…Under section 47(5) of the Employment Act, 2007 it was imperative for the Claimant to show that an unfair termination of employment had occurred.…