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…As regards the award of compensation for unfair termination, the Appellant submitted that the Respondents themselves acknowledged that the school had been closed due to the COVID-19 pandemic and that employees had been sent…

…On the award of compensation, the Respondents submitted that the trial court properly exercised its discretion under sections 49 and 50 of the Employment Act.…

…Adoption of an award of compensation is supposed to be a straightforward exercise.…

…Adoption of an award of compensation is supposed to be a straightforward exercise.…

…Having not objected to the award of compensation to the Applicant by the County Occupational Safety and Health Officer and the time for making such objections having lapsed, and having not denied that the injury occurred…

…Having found that the termination of the Respondent’s employment was not wrongful or unfair, there was no justification for the award of compensation for unfair termination or severance pay. 49.…

…Having already been awarded severance pay under section 40 of the Act, I award the Respondent compensation of two month’s salary of account that the redundancy having not been done in accordance with the procedure set out…

…The award of six (6) months’ salary as compensation for unfair termination is therefore set aside and replaced with an award of compensation of 2 months’ salary. 46.…

…An award of compensation for wrongful and unlawful termination of employment b. An award of general damages for denial of the Claimant’s rights to have his grievances heard. c.…

…Act, the Court shall have power to make any of the following orders: interim preservation orders including injunctions in cases of urgency; a prohibitory order; an order for specific performance; a declaratory order; an award…

…of compensation in any circumstances contemplated under this Act or any written law; an award of damages in any circumstances contemplated under this Act or any written law; an order for reinstatement of any employee within…

…On the award of compensation for unfair termination, the Respondents submitted that the same was properly awarded in view of the Appellant’s failure to comply with the law governing termination of employment.…

…Compensation for unfair termination On the award of compensation for unfair termination, section 49 of the Employment Act vests the court with discretion to award compensation after taking into account the circumstances of…

…in lieu of notice is hereby set aside. ii. 12 months compensation for unfair termination In view of the finding by this Court that the Respondent voluntarily resigned and that constructive dismissal was not proved, the award…

…of compensation for unfair termination cannot stand.…

…On the 12 months compensation awarded by the trial court, the Respondent submitted that the trial court having made a finding that his employment terminated unfairly and unlawfully, it exercised its discretion on the award…

…of compensation as envisaged by section 49(c) of the Employment Act.…

…That the Director of Occupational Health award of compensation made on 5th August, 2016 be deemed legitimate and this Honourable Court do order settlement of the award of Kshs. 540,943 thereof or give any other direction…

…On the issue whether the award of twelve months’ compensation was excessive, the Respondent, while citing the decision in Ol Pejeta Ranching Limited v David Wanjau Muhoro [2017] eKLR, submitted that assessment of compensation…

…With regard to the award of compensation equivalent to twelve months’ salary for unfair termination, under section 49(4) of the Employment Act, the same is not merited, the Respondent having not been terminated unfairly.…

…seeks the following remedies against the Respondent in his Statement of Claim: a) The Claimant seeks a declaration that his summarily dismissal from employment was unfair, unlawful and wrongful. b) The Claimant seeks for an award…

…of compensation of: - i. 1 month notice pay Ksh. 229,719 ii. 12 months’ salary as damages @ Ksh. 229,719 - Ksh. 2,756,628. c) The Claimant seeks for a declaration that the Respondent breached his rights to fair labour practices…

…In conclusion, the judgment of the Trial Court is set aside only in respect of the award on compensation for unfair termination.…

…The court substitutes the same with an award of compensation in the sum of Kshs. 60,000 for unfair termination. 78. Each party shall bear its own costs of the Appeal. 79.…

…In conclusion, the judgment of the Trial Court is set aside only in respect of the award on compensation for unfair termination.…

…The court substitutes the same with an award of compensation in the sum of Kshs. 60,000 for unfair termination. 78. Each party shall bear its own costs of the Appeal. 79.…

…Inamdar invited us to reduce the compensation of 910,000/- awarded to the 1st respondent under the head pain, suffering and loss of amenities.…