Search court decisions

…This resulted in unlawful and unfair termination of employment.…

…If the appellant was dissatisfied with police investigations, subjecting the respondent to execute an agreement accepting liability for damages of Ksh.180, 000 was unfair and unlawful.…

…The issue in dispute is the alleged procedural and unlawful termination of fixed contracts of 16 employees. Under the Labour Relations Act (LRA), the claimant is a trade union.…

…The claim is that upon the unlawful termination of the grievants’ employment, the claimant reported the matter to the Minister and appointed a conciliator.…

…The action of unlawful redundancy violated Article 41 of the Constitution. There was no payment of terminal dues.…

…The redundancy was unnecessary, unwarranted and unlawful. The claimants are seeking unconditional reinstatement to their positions without loss of benefits.…

…The claimant is seeking the following orders; A declaration that the claimant’s termination of employment was unlawful, Reinstatement of the claimant to her employment, Payment of the claimant’s salaries and unpaid leave…

…The alleged unlawful termination of employment is moot.…

…The issue in dispute is the alleged procedural and unlawful termination of fixed contracts of 16 employees. The claimant is a trade union under the Labour Relations Act (LRA).…

…The claim is that upon the unlawful termination of the grievants’ employment, the claimant reported the matter to the Minister and appointed a conciliator.…

…Such notice is unlawful, null and void.…

…The notice issued by the respondent, dated 10 November 2021, is unlawful without following the due process of section 76 of the LRA.…

…The appellant terminated their employment unlawfully. The 1st respondent was earning Ksh.40, 500 while the other respondents were earning Ksh.21, 000 per month.…

…During employment, the appellant had made unlawful deductions from their wages for 16 months from January 2018.…

…The learned magistrate heard the parties, delivered judgment, and held that unlawful and unfair termination of employment justified the claim, which was allowed with costs.…

…The learned magistrate erred in law and fact by awarding the respondent 12 months’ salary as compensation for unlawful termination.…

…The court analyzed the issues in dispute and held that the termination of employment was unlawful and unfair. The claimant was awarded both compensation and notice pay.…

…Termination of employment is unlawful when the employer fails to adhere to the mandatory provisions of the law. It is also unfair when the employer fails to adhere to both statutory and substantive fairness.…

…This resulted in unlawful and unfair termination of employment.…

…If the appellant was dissatisfied with police investigations, subjecting the respondent to execute an agreement accepting liability for damages of Ksh.180, 000 was unfair and unlawful.…

…The applicants contest that they were forced to pay storage charges for the attached motor vehicles following the respondent and interested party's unlawful execution.…

…Section 42 of the Employment Act allows for a probationary contract, and unless the probation period is extended by consent, it is unlawful.…

…He was not issued with notice or given reasons leading to the unlawful and unfair termination of employment. The appellant pleaded different reasons leading to termination of employment.…

….………… RESPONDENT JUDGMENT The issue in dispute – unlawful and unfair termination of employment. The Claimant is an adult male.…

…Termination of employment was irregular, unlawful and unfair as there was no valid reason for his unprecedented dismissal from employment.…

…A declaration that all actions undertaken pursuant to the impugned Constitution are unlawful and of no legal effect. 3. An order of certiorari quashing all decisions made under the impugned Constitution. 4.…

…Further, that the violations complained of are continuing in nature, that the unlawful governance structure persists, and therefore the cause of action is ongoing.…

…A declaration that all actions undertaken pursuant to the impugned Constitution are unlawful and of no legal effect. 3. An order of certiorari quashing all decisions made under the impugned Constitution. 4.…

…Further, that the violations complained of are continuing in nature, that the unlawful governance structure persists, and therefore the cause of action is ongoing.…

…The trial court failed to consider that on 12 May 2021, the respondent consented to the deduction of Ksh. 60,000 from his salary in the computation of the award for unlawful salary deductions.…

…On 27 September 2022, the respondent visited the appellant’s office to request payment for his unlawful salary deductions.…

…The trial court failed to consider that on 12 May 2021, the respondent consented to the deduction of Ksh. 60,000 from his salary in the computation of the award for unlawful salary deductions.…

…On 27 September 2022, the respondent visited the appellant’s office to request payment for his unlawful salary deductions.…

…The alleged unlawful deductions arose from salary advances, which are recoverable by the employer.…

…After analyzing the procedures undertaken by the respondent in terminating employment, the learned magistrate found that there was an unlawful and unfair termination of employment.…

…That they were prosecuted by the outlawed 82 Airforce and that the petitioners’ services were unlawfully terminated by the illegal 82 Airforce. 2.…

…The petitioners pray for general damages for compensation for torture and unlawful imprisonment under inhuman conditions by the state agents and the said 82 Airforce. 4.…

…The reasons provided lacked justification, were unlawful, and led to unfair dismissal. He was not allowed to defend himself, which is contrary to sections 41, 43, 44, and 45 of the Employment Act (the Act).…

…The claimant is entitled to notice pay and compensation for the unlawful and unfair termination of his employment. At that time, he had accrued 19.5 days of leave.…