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…surrounding the termination of his employment.…

…contract of employment. 28.…

…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…

…rules and procedures of employment.…

…claimant to look for employment elsewhere 32.…

…the laid down procedure in the Employment Act.…

…The Respondent did not act in accordance with justice and equity in terminating employment contrary to Section 45 of the Employment Act. No warning notices were ever issued to the Claimant for breach of duty.…

…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…

…The Claimant faulted the termination of his employment on the following grounds: - i. The Respondent did not give the Claimant termination notice as provided under section 35 of the Employment Act ii.…

…Section 45 (1) and 2 of the Employment Act provides that: - “(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 –…

…resigned from employment. iii.…

…This, according to the Respondent was contrary to sections 40, 41, 43, and 45 of the Employment Act, 2007. 16.…

…employment. 11.…

…The Appellant contends that his employment was unlawfully, unfairly and wrongfully terminated by the Respondent in breach of the provisions of the Employment Act.…

…According to the Claimant’s employment contract, her employment was to commence on 15th September, 2023 and she would be paid a salary of Kshs. 150,000 per month.…

…A declaration that the termination of the Claimant's Employment Contract was wrongful, unfair, and in breach of the Employment Act 2007. b.…

…as per the provisions of section 35(1)(c) of the Employment Act.…

…Whether there was any employment relationship between the Claimant and the Respondent, and if there was, ii. Whether the Claimant’s employment was terminated unfairly and unlawfully iii.…

…According to the Claimants, the termination of their employment was unfair and unlawful as the Respondent failed to act in accordance with the provisions of the Employment Act. 15.…

…Whether the Appellant discharged its statutory burden under sections 41 and 43 of the Employment Act to prove that the Respondents’ employment was fair and lawful ii.…

…A declaration that the Claimants having worked beyond the statutory maximum period for temporary employment are deemed to have been permanent employees in terms of section 37 of the Employment Act ii.…

…Section 37 of the Employment Act which provides for conversion of casual employment to monthly contract does not apply to them as they were on temporary monthly contracts.…

…relationship the Respondent breached the basic minimum conditions of employment as to housing provided for in section 31(1) of the Employment Act and prays based on the employment practice that 15% of the basic pay be awarded…

…Termination of employment is provided for in sections 41, 43 and 45 of the Employment Act.…

…Withholding of salary strikes at the core of the employment relationship.…

…She did not prove that she terminated her employment due to breach of a fundamental obligation by the employer or that the employer terminated her employment. 26.…

…Withholding of salary strikes at the core of the employment relationship.…

…He did not prove that the Respondent terminated his employment due to breach of a fundamental obligation of the employer or that the employer terminated his employment. 25.…

…fairness and lawful termination of employment. 71.…

…Section 3(6) and 26(2) Employment Act 3(6) Subject to the provisions of this Act, the terms and conditions of employment set out in this Act shall constitute minimum terms and conditions of employment of an employee and any…

…The Claimant did not prove that he terminated his employment due to breach of a fundamental obligation of the employment contract by the employer or that the employer terminated his employment unfairly. 24.…

…For the court to find that there was constructive dismissal, there must be a termination of employment by the employee on grounds of breach of a fundamental term of employment by the employer.…

…It is further averred that the Grievants were locked out of employment without any explanation, in contravention of section 41 of the Employment Act. 7.…

…Having found that the termination of the Grievants’ employment was unlawful and unfair, I now turn to the appropriate reliefs under section 49 of the Employment Act. 40.…

…Withholding of salary strikes at the core of the employment relationship.…

…She did not prove that she terminated her employment due to breach of a fundamental obligation of the employment contract by the employer or that the employer unfairly terminated her employment. 25.…

…Whether the Respondent’s employment was casual or converted to contract employment 51.…

…into a term contract under Section 37 of the Employment Act. 52.…