Search court decisions

…The Court has considered the pleadings, evidence and submissions. Unfair termination of employment Procedural fairness 5.…

…Evidence placed before the Court indicates that the Claimant was a member and contributor to a Provident Fund as well as the National Social Security Fund. 23.…

…It argues that the Applicant has not adduced any evidence of substantial loss in the event the orders sought are not granted. 7.…

…She argues further that the Applicant has not tendered new and important matter or evidence that warrant setting aside and/or reviewing the Judgment. 11.…

…By the foregoing provisions, review of Judgment, award, order or decree is allowed where there is discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the knowledge…

…The learned magistrate erred in law by ignoring the replying affidavit and submission and evidence by the appellant. Both parties attended and agreed to address the appeal by way of written submissions.…

…In the case of Palace Investments Limited v Geoffrey Kariuki Mwenda & Dollar Auctions [2015] KECA 616 (KLR), the court held that where there was no evidence of sale but general use of an asset, such did not confer legal title…

…It is CW1 testimony that he does not have prove that the Claimant applied for sabbatical leave, or any evidence related to sabbatical leave. He further admits not having justified the claim for sabbatical leave. viii.…

…It is submitted that his purported evidence has no probative value. The Respondents had reliance in the case of Alfred Njau & 5 others vs. City Council of Nairobi [1983] eKLR to support this position. 19.…

…Reliance was further placed in the decision in Kamau v Kevian Kenya Limited (Cause 467 of 2019) [2023] KEELRC 627 (KLR) where the court held that without evidence of performance measuring systems it is not possible for the…

…Having considered the pleadings, evidence adduced and the submissions of the parties, the issues for determination are whether there was valid reason for the termination of the Claimant’s employment, whether the Respondent…

…Regrettably, the respondent did not respond to or provide verifiable evidence to controvert the applicant’s allegation of absence of service.…

…It would appear to follow that having failed to controvert the allegation of absence of service of the Bill of costs or avail evidence of service, the respondent exposes herself to an adverse inference that the Bill of Costs…

…, which he did not respond to but did not indicate in his evidence that he did not receive it.…

…Respondent’s evidence RWI, Professor Charles Wafula testified that the claimant resigned and his resignation was accepted.…

…The court should have found on the evidence before it, that the respondent had deserted duty. b) The trial court failed to consider that the respondent had failed to show up for the first disciplinary hearing.…

…Keter for the respondent on his part submitted that the court is required to review both the evidence placed before trial Court, the weight placed upon such evidence and whether the same supports the award of the trial Court…

…The respondent admitted in evidence that he was employed under a written contract.…

…The finding that the respondent only took 7 days of annual leave was not supported by any evidence, whereas the appellants produced evidence that the respondent had 117 paid days while at home, which more than the 21 leave…

…The said affidavit was produced in evidence by the grievant.…

…in their evidence in Court.…

…No draft memorandum of appeal is attached to the application as evidence that there is an intended appeal before the Court of Appeal.…

…If there is no evidence of substantial loss to the applicant, it would be a rare case when some other event would render an appeal nugatory.…

…Relying on Rule 74 of the Employment and Labour Relations Court (Procedure) Rules, 2024 the affiant deponses that no new and important matter or evidence had been discovered.…

…This is clear evidence that the claimant union was aware of the going-on but did not disclose to the court.…

…He produced a job identity card and notice of occupational injury in his evidence.…

…The respondent submitted that the employee has the burden of proof to prove his case under sections 107 and 109 of the Evidence Act.…

…There is no evidence at this stage that the applicant was undergoing a disciplinary process and that the salary or part of the salary of an employee under disciplinary process could be withheld. 16.…

…The Court has considered the pleadings, evidence and submissions. Constructive dismissal 7.…

…If any agreement was reached after the contemplated negotiations, no evidence of such agreement was placed before the Court. 22. The deceased ceased working with the University from June 2016.…

…That no single evidence was adduced in terms of warning letters, notice to show cause, hearing and minutes of hearing and at least a termination letter. 7.…

…That there was no evidence of either desertion of duty or fair termination by the Respondent. That the termination was unfair both substantively and procedurally.…

…However, the appellant’s counsel posited that there was no evidence of counsel’s allegations.…

…The court relied on the court record as no verifiable evidence of letters calls, emails or physical visits had been provided. However, Mr.…

…That the respondent availed no evidence to prove that its employee revoked their union membership and no checkoff forms had been provided as evidence of the new union membership purportedly signed with another union is dated…

…That the respondent was engaged in a futile attempt to defeat the Judgment by approaching another union and no evidence of a new Collective Bargaining Agreement was availed.…