Case law
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Division and case type: Employment and Labour Relations CourtAppeals
…During her employment, she did not take annual leave, and her wages were underpaid.…
…This is not awardable under section 49 of the Employment Act (the Act).…
Division and case type: Employment and Labour Relations CourtAppeals
…the Employment Act.…
…Under the contracts of employment, clause (4) addressed Notification and Application.…
Division and case type: Employment and Labour Relations CourtAppeals
…Constitution and ILO Convention 158 on termination of employment. 9.…
…by dint of the provisions of section 37 of the Employment Act. 16.…
Division and case type: Employment and Labour Relations CourtAppeals
…Constitution and ILO Convention 158 on termination of employment. 9.…
…by dint of the provisions of section 37 of the Employment Act. 16.…
Division and case type: Employment and Labour Relations CourtAppeals
…REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT MOMBASA APPEAL NO.…
…termination of employment.…
Division and case type: Employment and Labour Relations CourtAppeals
…He was issued with a letter of appointment with terms and conditions of employment for the first year of employment.…
…The appellant also claims that the trial court erred in failing to address the fact the employment relationship should be governed under a written contract of employment as required under Sections 73 and 74 of the Employment…
Division and case type: Employment and Labour Relations CourtAppeals
…as the terms of his employment ended on daily basis. 5.…
…The date of commencement of a contract of employment is, by dint of Section 10(1) of the Employment Act, one of the particulars that must be included in a contract of employment.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…Termination of employment, whether for gross misconduct, must abide by the fair procedure of section 41 of the Employment Act.…
…Under sections 43 and 45 of the Employment Act, a termination of employment that lacks justification and is without due process is unlawful and unfair.…
Division and case type: Employment and Labour Relations CourtAppeals
…leading to termination of employment.…
…Employment commenced on 2 May 2019 but the court applied the year 2018 in error.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…termination of employment substantively unfair within the meaning of Section 45 of the Employment Act.…
…Act renders a termination of an employee’s employment procedurally unfair.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…On the period of employment, the claimant’s case is that he started employment with the respondent on 14 February 2016 as a casual labourer.…
…On the period of employment, the claimant’s case is that he started employment with the respondent on 14 February 2016 as a casual labourer.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…On the period of employment, the claimant’s case is that he started employment with the respondent on 14 February 2016 as a casual labourer.…
…On the period of employment, the claimant’s case is that he started employment with the respondent on 14 February 2016 as a casual labourer.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…On the period of employment, the claimant’s case is that he started employment with the respondent on 14 February 2016 as a casual labourer.…
…On the period of employment, the claimant’s case is that he started employment with the respondent on 14 February 2016 as a casual labourer.…
Division and case type: Employment and Labour Relations CourtAppeals
…Ltd [2014] eKLR on the essence compliance with Section 41 of the Employment Act and the appellant bore the burden of proof under Section 45 of the Employment Act.…
…of employment and the procedure must have been fair.…
Division and case type: Employment and Labour Relations CourtAppeals
…of employment.…
…employment until the date of termination of employment.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…The law on termination of employment is well settled by the Employment Act and case law.…
…of employment.…
Division and case type: Employment and Labour Relations CourtAppeals
…never accepted the employment offer by the appellant.…
…She also failed to turn up for the intended employment. Employment did not take place. There was no employment between the parties. The claims made cannot be issued against the appellant.…
Division and case type: Judicial Review and Labour Rights DivisionPetitions
…On termination of employment, it is trite law that under the provisions of the Employment Act for a termination of employment to pass the fairness test it must be shown that the employer had a valid and fair reason to do…
…under section 43 of the Employment Act. …
Division and case type: Employment and Labour Relations CourtClaim/Causes
…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 –…
Division and case type: Employment and Labour Relations CourtAppeals
…reasons leading to termination of his employment.…
…The lapse in issuing him with a contract of employment and placing him under the 2nd respondent did not change the employment status.…