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…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.…

…On the prayer for unlawful termination, the Respondent’s witness maintained that the deceased was not unlawfully terminated but was retired upon attaining the age of 60 years. 19.…

…Payment of salary which was unlawfully deducted, Kshs 30,324 47. The reduction of salary was by letter dated 29th April, 2020.…

…The claimant then filed a Memorandum of claim seeking the following reliefs: - i) That the Respondent’s action of terminating the nine grievants was unfair and unlawful. ii) That the nine employees to be reinstated back to…

…The claimants prayed for reinstatement or in the alternative one-month lieu of notice, accrued leave, underpayment of salary, compensation for unlawful termination, certificate of service and costs of the suit.…

…It maintained that the trial court erred in finding this termination as unlawful.…

…On the issue of reliefs awarded, the Respondent submitted 12 months compensation for unlawful termination was provided for under section 49 of the Employment Act.…

…That a declaration is hereby issued that the claimant’s termination by the Respondent was unfair, unprocedural and unlawful.…

…The appellant filed Memorandum of Reply dated 2nd July 2021 denying the alleged unlawful termination.…

…(iii) The Claimant served the Respondent with loyalty, diligence and full dedication until 12th April 2019 when he was unfairly and unlawfully orally terminated from employment.…

…(iv) The Claimant averred that the Respondent unlawfully and unprocedurally declared him redundant on unknown grounds and without following the procedure under Section 40 of the Employment Act.…

…Five, considering that the auctioneer did not act pursuant to lawful or written instructions from the General Secretary or his authorised representative in writing, the execution was not only unlawful but defective. 15.…

…The Claimant averred that his termination from employment was premature, unlawful and unfair.…

…On the issue of whether he was unlawfully terminated by the Respondent he submitted that as a permanent and pensionable employee of the Respondent the dismissal without strict compliance with law amounted to unlawful and…

…The Claimant avers that from the conduct of the shop steward and the respondent it would appear that they were intent on frustrating negotiations and the intended strike is premature, unlawful and unprotected.…

…The Claimant pays for: The seven (7) days’ notice issued by the respondent on 28th September 2023 be declared premature and unlawful for want of compliance with the law.…

…The Respondent filed a memorandum of claim dated 24th November 2021 before the Magistrate Court at Mavoko alleging unlawful and unfair termination of employment and seeking for the following reliefs:- a.…

…A declaration is hereby issued that the termination of the claimant by the respondent is unlawful and unfair. b. The claimant shall be paid one month‘s salary in lieu of notice at Kshs. 17634/- c.…

…erred in holding that there was no union representative during the hearing, when that was not a matter in issue before him and was therefore not addressed by the parties. d) The award of 12 month’s pay as compensation for unlawful…

…Regarding the issue of the proportionality of the award Counsel submitted that the award of 12 months’ pay as compensation for unlawful termination was inordinately high and excessive in the circumstances of the case.…

…Whether the Claimant was unlawfully , unprocedurally and unfairly terminated from employment by the Respondent iii.…

…the same as he had proved that the termination was unfair and unlawful. 29.…

…The Claimant filed the Statement of Claim dated 11th July 2015 against the Respondents alleging that she was unfairly and unlawfully terminated from employment by the Respondent.…

…It is the Claimant’s case that she was unfairly and unlawfully terminated from employment on the basis that; a.…

….………..CLAIMANT VERSUS KISII UNIVERSITY & 2 OTHERS……………………..RESPONDENT JUDGMENT The Claimant commenced this suit vide a statement of claim dated 30th May, 2024 alleging unlawful and wrongful termination of employment by the…

…The claimant prays for: A declaration that termination of employment was unfair, unlawful, wrongful and invalid.…

…Compensation for unlawful termination of employment equivalent to twelve months’ salary equivalent to Kshs. 16,550, 196.72/= . iv.…

…CW2 urged the court to make a finding that the verbal dismissal of the 1st Claimants was unfair and unlawful and order for payment of their terminal dues.…

…A declaration that the termination of the 2nd Claimant’s members on account of the purported redundancy was unfair, wrongful and unlawful.…

…The Respondent denied that the 1st Claimant’s employment contract was arbitrarily, unfairly and unlawfully terminated.…

…A declaration that his dismissal from employment was unlawful, un-procedural and unfair. b. Compensation for unlawful, un-procedural and unfair termination from employment as prayed for in the statement of claim c.…

…A declaration that his dismissal from employment was unlawful, un-procedural and unfair.…

…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 Appellant further submits that since he ceased being a casual employee, his termination is unfair and unlawful. He sought to rely on the decision in Joseph Okelo Adhiambo & Another v Y.J.…

…was unlawfully dismissed. 14.…