Search court decisions

…There was no notice or due process and the appellant failed to pay terminal dues.…

…The summary dismissal through verbal notice was contrary to due process, no notice was issued and she was not called for a hearing.…

…The claim is that there was an unfair termination of employment on 18 January 2021 without due process or payment of terminal dues.…

…The employee must be taken through the due process and allowed a hearing.…

…The respondent followed due process and substantive fairness. There were no funds to support employment.…

…In this case, the respondent followed due process, issued notice, and noted that there were no funds.…

…Termination of employment, even for gross misconduct should abide by the due process of the law under Sections 35, 41 and 45 of the Employment Act. The same should have justification under the law.…

…process.…

…Even in a serious case such as alleged gross misconduct, the employer has the legal duty to take the employee through the due process before termination of employment.…

…In this case, the response filed comprised mere denials and the witness called did not present any material particulars that the claimant was taken through the due process before being forced out of office.…

…However, the appellant accused the respondent of transporting the goods without payment and terminated his employment without due process or payment of terminal dues.…

…Despite reporting the matter to the police under OB No.12/30/10/2020, adherence to the due process outlined in section 41 was mandatory.…

…He worked well until 9 November 2019, when, at a management meeting, the respondent summarily dismissed him without due process.…

…The notice of summary dismissal that followed lacked due process as held in the case of Kenya Petroleum Oil Workers Union v Kenya Petroleum Refineries Ltd [2013] eKLR and the case of Donald Odeke v Fidelity Security Limited…

…The disregard for due process and the petitioner’s rights has denied justice and fair administrative action under Article 47, the right to property under Article 40, and is inconstant to the principles and values under Article…

…The petitioner is seeking orders that; It is declared that the petitioner’s rights to a fair hearing and due process were violated by the 1st respondent's unilateral assessment and the subsequent demands for compensation.…

…There were justified grounds for summary dismissal as the respondent committed gross misconduct by stealing Ksh.27, 500 and there was due process in addressing his case.…

…The appellant was taken through due process and given reasons why his employment was terminated. He failed to show good cause why his conduct was justified.…

…The trial court heard both parties and found that there had been an unfair termination of employment, lacking due process and contradicting sections 41 and 45 of the Employment Act.…

…Due process was not followed, and the evidence collected was against Section 106B of the Evidence Act, as established in Nonny Gathoni Ngenga & another v Catherine Masitsa & Another [2014] eklr.…

…There was no prior notice and the appellant did not follow the due process under Sections 41, 43, 44 and 45 of the Employment Act.…

…In the case of Mary Chemweno Kiptui v Kenya Pipeline Company Limited [2014] eKLR, the court held that the employee must be given due process before termination of employment.…

…The due process for redundancy was not followed. His contract was to end on 13 January 2023 but was terminated prematurely on 21st November 2022.…

…Where there is no due process or a substantive reason(s) leading to termination of employment, the same is held unfair in terms of section 45 of the Employment Act, 2007.…

…Where due process of the law is not adhered to, employment termination is unlawful and unfair. In this case, the claimant is entitled to notice pay at the last gross salary of Ksh. 130,164.…

…For damages for wrongful termination, on the findings above that the due process of the law was not followed, the court is required under section 45(5) of the Employment Act to look at the work record.…

…In both cases where the respondent breached his contract, due process was followed. The award of notice pay and compensation was not justified.…

…The due process of Sections 41 and 44 of the Employment Act, even where the employee has committed gross misconduct, is to allow him to attend and make his representations.…

…He claimed that there was no notice, hearing or adherence to the due process.…

…Without any evidence that the appellants took the respondent through the due process, allowed him to attend and be heard before termination of his employment for any given reasons including the matters that there was theft…

…Despite working continuously for five years without any disciplinary record, due process was not followed. At the time, the claimant was earning Ksh. 29,700 per month.…

…Even where such EACC investigations took place, which is not entirely accurate, the due process outlined in Section 41 was mandatory.…

…The learned magistrate in the judgment delivered on 29 august 2023 held that the respondent did not voluntarily leave his employment and there was unfair termination of employment for lack of due process.…

…Where the respondent is alleged to have committed gross misconduct, recourse was a disciplinary hearing and the due process as held in Prof. Macha Isunde v Lavington Security Guards Limited [2017] eKLR.…

…The claimant was taken through the due process backed with evidence. The claim lacks evidence of a constitutional or statutory violation.…

…Due process was followed, and the remedies sought, including reinstatement, should not be issued or the alternative reliefs.…

…The claim was that there was unfair termination of employment for lack of due process.…

…The only lapse was the mandatory due process under Section 41 of the Employment Act. For this lapse, the court finds an award of one month of gross pay justified at Ksh.38, 790.…

…The stoppage of the salary suo motto without the due process envisaged under the Constitution and the law is unconstitutional and unlawful. Kahiro Kimani v Fatuma Abdalla [2016] KECA 547 (KLR) and Dr.…

…In this case, the stoppage of salary payment is devoid of due process and contrary to the Constitution and the law under which the claimant was appointed and given a mandate to work as the Deputy Governor of Tana River County…